Wyoming Lemon Law Firms and the Wyoming lemon law code.

Wyoming Statutes, 40-17-101

40-17-101 Definitions.

Express warranties; duty to make warranty repairs.

(a) As used in this section:

(i) "Consumer" means any person:

(A) Who purchases a motor vehicle, other than for purposes [purpose] of resale, to which an express warranty applies; or

(B) To whom a motor vehicle is transferred during the term of an express warranty applicable to the motor vehicle; or

(C) Entitled by the terms of an express warranty applicable to a motor vehicle to enforce it.

(ii) "Motor vehicle" means every vehicle under ten thousand (10,000) pounds unladen weight, sold or registered in the state, which is self-propelled except vehicles moved solely by human power;

(iii) "Reasonable allowance for consumer's use" means an amount directly attributable to use of the motor vehicle prior to the first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the motor vehicle is not out of service due to repair;

(iv) "Manufacturers' express warranty or warranty" means the written warranty, so labeled, of the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under warranty.

(b) If a new motor vehicle does not conform to all applicable express warranties and the consumer reports the nonconformity to the manufacturer, its agent or its authorized dealer within one (1) year following the original delivery of the motor vehicle to the consumer, the manufacturer, its agent or authorized dealer shall make repairs necessary to conform the vehicle to the express warranties. The necessary repairs shall be made even if the one (1) year period has expired.

(c) If the manufacturer, its agents or authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use and fair market value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall:

(i) Replace the motor vehicle with a new or comparable motor vehicle of the same type and similarly equipped; or

(ii) Accept return of the motor vehicle and refund to the consumer and any lien holder as their interest may appear the full purchase price including all collateral charges less a reasonable allowance for consumer's use.

(d) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to express warranty if within one (1) year following the original delivery of the motor vehicle to the consumer, whichever is later:

(i) The same nonconformity has been subject to repair more than three (3) times by the manufacturer, its agents or its authorized dealers and the same nonconformity continues to exist; or

(ii) The vehicle is out of service due to repair for a cumulative total of thirty (30) business days.

(e) Nothing in this section shall be construed to limit the rights or remedies of a consumer under any other statute.

(f) Subsection (c) of this section does not apply to any consumer who has failed to exhaust his remedies under a manufacturer's informal dispute settlement procedure if a procedure exists and is in compliance with applicable federal statute and regulation.

(g) It is an affirmative defense to any claim under this section that:

(i) An alleged nonconformity does not substantially impair the use and fair market value of the motor vehicle; or

(ii) A nonconformity is the result of abuse, neglect or unauthorized modification or alteration of a motor vehicle by a consumer.

(h) In no event shall the presumption herein provided in subsection (d) of this section apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has had a reasonable opportunity to cure the alleged defect.

(j) Any consumer injured by a violation of this section may bring a civil action to enforce this section and may recover reasonable attorney's fees from the manufacturer who issued the express warranty.

Basically, the Lemon Laws stipulate that if you buy (and in several states, lease) a new or used car or other car with a warranty that is extremely unreliable, and the original equipment manufacturer can't rebuild it in spite of recurring efforts (inside a defined time limit that differs from state to state), or if the vehicle is not usable for a limited period (often 30 days) due to its problems, you are entitled to a broad range of breaks, inclusive of:

1. Monetary damages
2. A repayment of the cost
3. A brand new car
Additionally, virtually all the Lemon Laws (as well as the Federal Warranty Law) have a fee shifting component that states that if you win your case, the manufacturer or dealership which sold you your lemon is obliged to pay for attorneys' bills.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Although the verbiage of each state's statute are different, the typical state Lemon Law statute extends relief for buyers with a unsound motor vehicle covered by a warranty if:

1. The dealer or original maker can't properly correct a specific fault in the item after a reasonable number of repair tries (ordinarily at least 3);
2. The car cannot be driven for at least 30 days due to problems in the motor vehicle; or
3. The dealership or original maker just can not fix a fault that is a endangering safety hazard.

By and large, a defective car is a car with a problem or affliction that considerably degrades its drivability, marketability, or safety to the consumer and does not conform to the warranty. In most instances, the period of time during which the Lemon Laws are applicable are rather short; the troubles and resulting repair efforts (or out-of-service period) typically must take place during the first 2-years or 24,000 miles that you own the car. However, a number of states have even shorter periods. Also, most states have notice and activation requirements, such as asking the consumer to send off registered post notice to the original equipment manufacturer of the faults and giving the dealership an opportunity to correct the vehicle. Furthermore, numerous states expect that Lemon Law cases be settled through an arbitration proceeding.

Generally, state Lemon Law statues also are applicable to leased automobiles and preowned vehicles bought whilst under the manufacturing business* factory warranty. A good number of state Lemon Laws also apply to cars other than passenger cars. depending on the consumer's home residence, or the state in which the consumer bought the car, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer items (like televisions)
There are many powerful remedies possible under the Lemon Laws. U.S. Statesally, if the original equipment manufacturer just can't fix the car, the consumer can either require the original equipment manufacturer to replace the vehicle, or force the original equipment manufacturer to take the vehicle and return the original price paid plus incidental costs, including all bills, towing fees, repair costs, alternative transportation charges and other damages incurred by the consumer as a result of the faults in the vehicle. Another important relief available under most Lemon Laws is legal expenses. In virtually all states, if you prevail in a Lemon Law case, you will not have to pay any litigation expenses-the automobile original equipment manufacturer that sold you your lemon is obligated to pay all of your laywers' charges.

The defendant automobile manufacturer can apply many defenses to a Lemon Law claim. The common statute provides that the manufacturer is not guilty if it can demonstrate that the flaws in question were caused by exploitation, disregard, or the modification or tampering of a vehicle by anyone other than the original equipment manufacturer, its agent, or an authorized dealership. Put differently, if the consumer abuses his or her own vehicle, or the defects were the fault of tampering or adjustments performed by a third party, the original equipment manufacturer may not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer product warranties. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturing business and vendors of consumer items to give consumers explanatory information about warranty coverage claims. In addition, it affects both the rights of consumers and the responsibilities of warrantors under original warranties.

Although the Magnuson Moss Act doesn't call for an automobile original producer to provide purchasers with a warranty, if a warranty is provided, the Magnuson Moss Act affords many protections for the consumer. The Magnuson Moss Act makes it more easy for consumers to sue for violating the warranty by making breach of warranty an infraction of federal law, and by allowing for purchasers to recuperate court costs and sensible attorneys' charges.

The Magnuson Moss Act is oftentimes useful in a lemon case in which, for some reason, a state Lemon Law claim is not applicable or furthermore unfit. For instance, unlike the generally short period of time provided to customers with most Lemon Laws, you could register a claim for breach of warranty after the warranty period has passed if the problems occurred during the warranty time period. Additionally, although a few Lemon Laws limit their coverage benefits to a very specific number of motor vehicles, the Magnuson Moss Act applies to nearly all consumer goods. The Magnuson Moss Act may also be applicable if you bought or leased a used automobile without a manufacturing business warranty, or if the automobile is covered by a third party agreement or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in every state. It is the foundational authority of law regulating consumer warranties, including vehicles and other items. The UCC affords a legal avenue for consumers with lemon problems.

UCC code provides that the consumer of a product is entitled to return product which do not perform in any sense to the consumer warranty. Thus, if your new item doesn't work as bound by the original producer (your written warranty is a portion of your warranty), you may have a claim referencing the UCC in addition to any other claims you may have.

The time for bringing back a vehicle with the UCC is not unlimited. If you come upon a fault in your car within a sensible posession period, you can refuse the vehicle. Unfortunately, brand new automobiles can be oftentimes mechanically enigmatic and you might not recognize whether your motor vehicle conforms to the agreement until after you purchase the motor vehicle and troubles start to arise. So, if Following this posession time you don't return the motor vehicle, you will be deemed to have o.K.ed it and may have no claim through the UCC.

The duration of the inspection period is not delineated in the statute. Local courts determine how long the fair inspection period is based on the buyer's knowledge and personal experience, the buyer's trouble in happening upon the fault, and the buyer's chance to observe the gremlin.

In spite of this limit, the UCC says that in certain examples where a buyer is deemed to have accepted goods (i.e. the fair inspection period has elapsed), a buyer can still disclaim his acceptation of those goods where the non-conformity substantially impairs the marketability of the goods to him. Those cases include instances in which it is laborious to see the nonconformity or the buyer was promised that the non-conformity would be fixed. In other words, the court will excuse the buyer from not rejecting the goods where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a vehicle excessively fails and you have to keep bringing it back to the dealer for repair under the written warranty, the car lemon law may be your next refuge. The flaw should be substantial where it interferes with your driving the vehicle or your safety. A vehicle stalling perpetually would be a substantial flaw. This is exactly the type of problem that may stymie your driving and your safety. Under the motor vehicle lemon law you are not obligated to demonstrate why the vehicle is stalling, you merely have to prove that it is stalling. Thus you need to check up on the lemon law in these three cases: the vehicle keeps failing inside the warranty time period, the vehicle is a safety hazard, the car dealership is incapable to repair the vehicle when it is guaranteed.

If you have a product which is a lemon you can directly write to the manufacturer and ask for a replacement product. If this requirement is not acceptable to the manufacturer, you may enter into an arbitration program. A few manufacturers have their own arbitration process. Other manufacturers employ external arbitration program including Autoline by the BBB. The recommendation of the arbitrators is binding on the manufacturer but not on the consumer. If unsatisfied with the judgment, the consumer can take the manufacturer to court.

Virtually all laws specify that the customer should be returned back to the fiscal position they were in prior to purchasing the car, less the amount that the customer profited from by using the car. To get the compensation total several factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new used vehicles may qualify under basic lemon laws. For example, a pre-owned vehicle might fall under normal lemon laws if it is less than one year old and has less than 12,000 miles on the odometer. States which do have a used car lemon law may be extra cooperative with the age and amount of mileage. Still, the car has to be sold by a car dealership that provides a written warranty. Individual sales are not involved, nor are motor vehicles sold under a stated purchase price. There could be other restrictions to a used car lemon law such as the purposes in which the car is used or the classification of car. Older vehicles, are usually excluded from used car lemon laws. Used car lemon laws normally cover a much shorter period of time than brand new car laws. They usually range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When choosing an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that apply to your state. Also enquire about the fee structure. Many lemon law attorneys take a rather minor retainer to manage a lemon law claim, and subsequently, the lawyer's fees are billed to the original maker. In essence, lemon law claims are typically very affordable to public consumers. The reimbursement of attorney expenses varies from state to state. About half of the states let you to recuperate your Attorney bills if you win. The lawyer's fee is based on actual time spent instead of being tied to any portion of the recuperation. In a select few States, you have to pay the manufacturing business* attorney's charges if you lose.

Consumers ought to record their concerns in writing and hold a copy. In every written correspondence, always outline how problematic it is to bring the motor vehicle to the dealer for repairs and that the reliableness that the purchaser thought He was receiving has been non-existent. Any written correspondence with a car dealership or original maker must be sent using certified mail service. In many instances the manufacturers claim that they have not had the required number of efforts to correct the problem. They assume on the fact that the purchaser does not keep repair sheets for each time they have driven the auto into the shop. They also rely on the possibility that the repair sheets have seperate items fixed each instance establishing that they haven't fixed the same problem. Consumers should respond by demanding that authorized dealerships always send them a warranty repair sheet. Consumers ought to also reason that these unwritten trips are attempts.

Make sure to be aware of your lemon law rights. Upon purchase, immediately review your owner's binder and warranty principles thoroughly, as well as the data pertaining lemon law rights that you ought to obtain when you buy your car. Don't depend on your car dealership to outline which defects are covered by warranty. If your car dealership states that a problem is not covered and you believe that he or she is being deceptive, be civil but assertive. Don't be frighted to point out the segment of the warranty that is relevant, or to call the original maker for substantiation using the contact information included inside your owner's binder. You shouldn't have to pay for work linked to lemon law complaints. It's also essential to advise the original maker of a complaint right away. If you suspect that your car has a defect what just can't be repaired, look into your lemon law rights to see when you are able to bring a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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