(dissenting). Because I agree with Schey that § 218.015, STATS., the "Lemon Law," applies to motor vehicles that have been established as "lemons" within the first year after the date of delivery to a *492consumer and while still under the manufacturer's "new" car warranty, and that he has standing as a Lemon Law motor vehicle consumer, I respectfully dissent. Schey challenged Chrysler Corporation's summary judgment motion by establishing that he owns a 1995 Dodge Neon that qualified as a lemon on June 28,1996; that the first date of delivery to a motor vehicle consumer was July 18,1995; and that the Neon remained under a manufacturer's warranty. Undaunted by Schey's challenge, my colleagues affirm the summary judgment dismissal of Schey's complaint as a matter of law. They are wrong.
The majority opinion concludes that the Lemon Law is ambiguous because it does not differentiate between "new" and "previously-owned" motor vehicles. It then decides that the first consumer obtains a "new" motor vehicle while a subsequent consumer can only obtain a "previously-owned" or "used" motor vehicle. The majority resolves the ambiguity by reasoning that used motor vehicles are not subject to Lemon Law protections. Under the existing Lemon Law definitions, the majority analysis is unnecessary.
First, the 1995 Dodge Neon qualifies as a Lemon Law "motor vehicle." The term "motor vehicle" is defined for Schey's purposes as "any motor driven vehicle required to be registered under ch. 341 . . . which a consumer purchases or accepts transfer of in this state." Section 218.015(l)(d), Stats.1 That definition *493neither limits motor vehicle registration to the first purchaser or transferee nor requires that the purchase or transfer of the motor vehicle be only from the manufacturer or a franchised dealer. The term "new" is relevant only to the existence of the manufacturer's warranty which is triggered by the delivery of a previously unregistered and untitled motor vehicle. It is axiomatic that all motor vehicles, once delivered and registered under ch. 341, Stats., are used motor vehicles.
Second, Schey is a protected "consumer" under the Lemon Law definition, which reads:
"Consumer" means any of the following:
1. The purchaser of a new motor vehicle, if the motor vehicle was purchased from a motor vehicle dealer for purposes other than resale.
2. A person to whom the motor vehicle is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the motor vehicle.
3. A person who may enforce the warranty.
4. A person who leases a motor vehicle from a motor vehicle lessor under a written lease.
Section 218.015(1)(b), Stats. (Emphasis added.)
The Neon was first delivered to a lessee with standing as a Lemon Law consumer under § 218.015(1)(b)4, Stats. When Schey purchased the Neon, he was not a transferee for resale, he purchased it before the expiration of the manufacturer's warranty, and he was entitled to enforce the manufacturer's warranty. Schey is a recognized Lemon Law motor vehicle consumer under subds. (1)(b)2 and 3. The majority opinion wrongly limits the definition of *494eligible consumer to that in subd. (1)(b)1. By rewriting the definitions of "motor vehicle" and "consumer," the majority creates a loophole large enough to drive a § 218.015, Stats., nonconforming motor vehicle through.
This court should reverse the partial summary judgment dismissal of Schey's Lemon Law claim and remand the action to the trial court for further proceedings consistent with the existing law.
My colleagues find support for their position in the fact that § 218.015(1)(d), Stats., was amended to include demonstrator and executive vehicles in the "motor vehicle" definition. Schey's Neon was neither a demonstrator nor an executive-driven motor vehicle, but if it had been, the Lemon Law would still have protected Schey as a purchaser or transferee of a ch. 341, Stats., registered motor vehicle during the first year of *493such registration and while the vehicle was still under the manufacturer's warranty.