Lemon Law Info

Lemon Laws
were enacted to protect consumers from products that are plagued with serious defects. If an item cannot be satisfactorily repaired within a certain timeframe — usually within the warranty period - or if the item is not as good as new after so many repairs, it is considered a "lemon."

Consumers who find themselves stuck with lemons can find redress through lemon laws. Each state has its own version of these laws and requires consumers to take certain actions in order to remedy the situation.

There are different lemon laws that cover a wide array of products. For example, if you purchase or lease a vehicle, which subsequently develops one or more defects within the first year of purchase, that vehicle would likely be covered by your state's lemon law regarding new vehicles. The defect must be significant, and must be something that severely affects the safety, operation, or value of your vehicle.
Like most laws, lemon laws differ by state, so examine local guidelines carefully to determine what action you need to take to protect your investment.

A standard rule is that any vehicle that is not in working order for 30 days or more, or any vehicle that has required repair of the same defect on more than four occasions within the first year of purchase, is covered by a lemon law.



Some manufacturers will attempt to convince you that you waived your rights when you signed the purchase or lease contract, because of a clause that was inserted into the agreement. Any such clause or waiver is invalid, and lemon laws still apply in full force.

The manufacturer may also try to persuade you to engage in mediation rather than going to court. You are not required to participate unless the process complies with rules set out by the Federal Trade Commission. In some states, you must use mediation before suing under lemon laws, if the process is certified by that state's Department of Transportation. Even then, you are not required to accept any settlement that does not satisfy you.

As with most legal matters, it is wise to consult with a licensed, competent attorney in your area that knows the details of the law. Many lemon law attorneys offer free consultations, and do not charge a fee unless you win the case.

They even seek attorney's fees from the manufacturer, and the fees are usually granted to the prevailing party.

วันเสาร์ที่ 13 ธันวาคม พ.ศ. 2551

WYOMING STATE LEMON LAWS

WYOMING STATE LEMON LAWS:

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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