Wyoming Lemon Laws
What is a lemon? A lemon is a car that does not run, does not pass inspection, or is otherwise unsafe to drive, yet a car dealer attempts to sell or successfully sells the car to an unsuspecting buyer. In Wyoming, consumer protections exist to protect buyers from shady car dealers attempting to sell them a jalopy, lemon, or useless vehicle. Lemon laws also apply to vehicles with odometer readings that do not match the odometer statement. If you were sold a car that has major structural or drive train damage in Wyoming and you need assistance recovering your hard-earned money or getting out of the installment contract, contact our attorneys at Rocky Mountain Personal Injury Center.
Consumer Protections in Wyoming
Lemon laws in Wyoming cover consumers who purchase a car or truck under 10,000 pounds for which an express warranty is made. Wy Stat. § 40-17-101. Specifically, the lemon law is applied to major mechanical or surface defects to the vehicle rendering the car useless or un-drivable. The nonconformity renders the car to be far less than the fair market value or much less than what the dealer is asking or what the buyer paid. If the vehicle does not conform to existing express warranties and the car owner notifies the manufacturer or car dealer within one year, the dealer or manufacturer is required to cure the defect. They can do so by providing the car owner a full refund, or repairing the issues present with the vehicle.
The manufacturer or car dealer can assert the affirmative defense that the Lemon Law does not apply due to negligence, abuse or malfeasance that can be attributed to the car owner. For example, if after the car purchase the owner never checked the engine oil, the internal components of the engine could be damaged beyond repair. Without car oil, metal within the engine is not lubricated, the pistons, valves, and crank shaft would all wear out and the car would be rendered un-drivable. However, the defect is a result of the driver’s negligence, not a mechanical defect or vehicle warranty issue. In another scenario, the owner parks the car at the edge of a boat slip at low tide and comes back in two hours. When he returns it is now high tide and the vehicle is underwater. This is an example of negligence on the part of the car owner. These situations are rare; more often the dealer sells a vehicle he knows has major mechanical, drivetrain, or safety issues and does not make the buyer aware of those facts. Only if the buyer is notified and expressly declines the express warranties or consumer protection is the dealer or manufacturer not liable.
Next Steps if You Were Sold a Lemon
If you were sold a lemon car, you have options to cure the defect. You can allow the dealer or manufacturer to make necessary repairs at no cost to you or you can demand a full refund along with payoff of an installment loan if you financed part of the purchase price. The dealer can also replace the vehicle with a similar model if unable to make repairs to cure the defect. You can ask for attorney’s fees to be paid by the manufacturer or dealer if you file a lawsuit. Whether you just bought the car or you have had it for a few months, you may be covered by express warranties under Wyoming Law. Do not let the dealer get away with selling you a jalopy. Contact our experienced litigators at Rocky Mountain Personal Injury Center. If hired, we will work tirelessly to ensure you receive the damages to which you are entitled. Schedule a consultation today.
