Wisconsin Lemon Law
One of the worst feelings in the world is discovering that your new car is a lemon. Thankfully, Wisconsin has consumer protection laws that allow you to get justice. Here is a summary of Wisconsin lemon law:
New cars: Yes
Used cars: No
Business vehicles: Yes
Leased vehicles: Yes
Lemon law period: 1 year
What is a Lemon Car Under Wisconsin Law?
Wisconsin lemon law covers new passenger vehicles, SUVs, vans, and trucks that are purchased or leased in Wisconsin. It also covers demonstrators, motorcycles, and motor homes. In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, safety or value of the vehicle
- Has manufacturer’s defects that occurred during the first year from the delivery date and before the warranty expired
- Has been taken in four times for the same problem or has been out of service for a cumulative total of 30 calendar days during the first year from the delivery date and before the warranty expired
- The manufacturer has been notified in writing of the defect within one year from the delivery date or the expiration of the warranty (whichever period ends first)
- You have participated in the manufacturer’s informal arbitration program, if one exists
Wisconsin Statutes, Section 218.015 is the state’s lemon law.
Getting Lemon Justice: Wisconsin Lemon Law Relief
Wisconsin lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:
- The full purchase price
- Sales tax
- Finance charges
- Down payment
- Collateral costs
- Attorney’s fees
The amount of the monetary reward may be reduced by a deduction for your use of the vehicle, calculated by dividing the odometer reading at the first repair attempt by 100,000, and multiplying that number by the purchase price.
Pursuing a WI Lemon Law Claim
If you want to pursue a claim under Wisconsin’s lemon law, you must first send a Wisconsin Department of Transportation Motor Vehicle Lemon Law Notice and Nonconformity Report to the manufacturer. If the manufacturer does not give you a refund or replacement vehicle, you have to go through the manufacturer’s arbitration program – if it’s certified by the Wisconsin Department of Transportation – before you can file a lawsuit in court. If you go through arbitration and are unhappy with the result, you can still file suit.
How We Can Help
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 15,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a Wisconsin lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.