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Wyoming Lemon Law
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.
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