Question by Michael: What Is Wyoming Lemon Law? (Car)?
Yesterday, I purchased a 2003 Hyundai Elantra from an old Co-worker, whom of which i thought was trustworthy. I test drove the car, but never went faster then 30 or on a highway because there was no license plate on the car. I purchased it, and literally put 21 Miles on the car and the engine blew up. The bottom part of the engine needs to be replace which will be about a grand or more. I have proof from other people the seller of the car new about the problems with the car, and sold it anyway. How long, and what are my options with getting my money back for the car? I didn’t sign any papers that said the car will be sold “As is”. Thanks
# 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:
1. Replace the motor vehicle with a new or comparable motor vehicle of the same type and similarly equipped; or
2. Accept return of the motor vehicle and refund to the consumer and any lienholder as their interest may appear the full purchase price including all collateral charges less a reasonable allowance for consumer’s use.
Does this apply? does this mean he can either fix, or refund?
If you purchased a used car there are two situations in which you may be qualified for cash or other lemon law benefits:
Situation #1: Under Warranty
You may be entitled to compensation for breach of warranty if you had one of the following warranties:
* Any warranty left from the manufacturer when you purchased your vehicle (for example, almost all vehicles sold with fewer than 36,000 miles will have this, unless the duration has ended. But if the warranty is longer, you may have even more time).
* Your vehicle was “Certified” by the manufacturer (in which case it came with a short Manufacturer’s Warranty, typically 1 year).
* You purchased an Extended Warranty backed by the manufacturer (typically 5 years or longer).
Normally, these types of cases fall outside the scope of the state lemon law but are covered under special federal lemon laws.
Situation #2: When No Manufacturer’s Warranty Exists
If you do not have a manufacturer’s warranty of any kind you may be entit
f you do not have a manufacturer’s warranty of any kind you may be entitled to compensation for violations of consumer protection laws that fall outside of the lemon laws. The following is a list of some of the problems and/or issues which may be present in your vehicle.
* Prior history of mechanical problems known to the seller: Laundered Lemon.
* Previously salvaged or wrecked.
* Fraudulently rolled back odometer.
* Rental car, police car, taxi, or similar.
* Stolen, stripped and rebuilt.
* Involved in a flood.
Best answer:
Answer by ElGrande
Wyoming does not have a Lemon Law that covers a 7-year old car. (No state does.)
Some states have Lemon Laws covering used vehicles, but the one caveat is that the car must still be under the original manufacturer’s warranty. Plus, Lemon Laws do not cover returning a vehicle.
If you try the small claims court route, you will have a 99.95% chance of losing. Any used vehicle purchase is “as-is” unless noted in writing that there is a guarantee or return clause, the bill of sale or sales agreement does NOT have to say the sale is “as-is”. These laws were put in to place to protect the seller, not the buyer.
Always make sure to have a licensed mechanic check over a vehicle thoroughly before purchase.
**EDIT — If the car was still under warranty, then the fix comes from whoever the manufacturer is, not the seller.
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