Wednesday, July 22, 2009

Wisconsin Lemon Law - Quick Reference Guide

The Wisconsin Lemon Law offers protection for consumers who buy and lease new vehicles (including cars, trucks, motorhomes and motorcycles). The Wisconsin Lemon Law provides different options/relief to the consumer.

The Wisconsin Lemon Law requires a manufacturer or its authorized dealers to repair nonconformities with vehicles (including cars, trucks, motorhomes and motorcycles). Under the Wisconsin Lemon Law, a nonconformity is a condition or defect which substantially impairs the use, value or safety of a motor vehicle (including cars, trucks, motorhomes and motorcycles) and is covered by an express warranty applicable to the vehicle or a component of the vehicle; nonconformity does not include a condition or defect which is the result of abuse, neglect or unauthorized modification or alteration by the consumer.

The Wisconsin Lemon Law provides that a condition or defect that substantially impairs the use, value or safety of a vehicle (including cars, trucks, motorhomes and motorcycles) must be more than a minor annoyance or inconvenience. However, under the Wisconsin Lemon Law, the consumer's vehicle need not have been undriveable for the nonconformity to substantially impair its use, value or safety. A nonconformity may substantially impair use, value or safety under the Wisconsin Lemon Law even if the vehicle was able to provide simple transportation to the consumer.

The Wisconsin Lemon Law imposes a duty to replace or refund if certain conditions are met. Specifically, the Wisconsin Lemon Law requires a manufacturer to provide the consumer with a comparable new motor vehicle (including cars, trucks, motorhomes and motorcycles) or a refund if, within the term of the warranty or within one year after delivery, whichever is sooner, either:

(1) The same nonconformity was made available for repair to the manufacturer or any of its authorized dealers by the consumer at least four times and the nonconformity continued after the fourth time the vehicle (including cars, trucks, motorhomes and motorcycles) was made available for repairs; or

(2) The vehicle (including cars, trucks, motorhomes and motorcycles) was "out of service" for an aggregate of at least 30 calendar days because of any nonconformities (under the Wisconsin Lemon Law "out of service" is not limited to only those periods in which the vehicle is unavailable to the consumer; it includes those periods when the vehicle is not capable of rendering service as warranted due to a nonconformity, even though the vehicle may be in the possession of the consumer and may still be driven in spite of the nonconformity).

Under the Wisconsin Lemon Law, the "same nonconformity" means the identical or substantially similar condition(s) or defect(s). A nonconformity is made "available for repairs" by the consumer under the Wisconsin Lemon Law regardless of whether any repairs were actually attempted by the manufacturer or its authorized dealers. Also a nonconformity is made available for repairs by the consumer under the Wisconsin Lemon Law regardless of whether any nonconformity was verified at the time by the manufacturer or authorized dealer.

If the repairs are not made and the consumer thereafter continues to give the manufacturer or its authorized dealers an opportunity to repair the nonconformity(ies), the Wisconsin Lemon Law provides that the 30-day clock starts running from the date of that initial failed repair opportunity. As long as there exists notice and opportunity to repair with respect to a nonconformity, the 30-day clock runs under the Wisconsin Lemon Law.

As an alternative claim under the Wisconsin Lemon Law, if a new vehicle (including cars, trucks, motorhomes and motorcycles) does not conform to an applicable express warranty, and the consumer reports the nonconformity and makes the vehicle available for repair to the manufacturer or any of the manufacturers' authorized dealers, before the expiration of the warranty or within one year after delivery - whichever is sooner, the nonconformity must be repaired. If the nonconformity is not repaired, the consumer is entitled to recover his or her pecuniary loss, pursuant to the Wisconsin Lemon Law.

If the manufacturer fails to replace or refund, or repair, as applicable, within a timely manner, the Wisconsin Lemon Law is violated and the consumer may file a lawsuit. A consumer who prevails under the Wisconsin Lemon Law is entitled to recover double damages, as well as attorney fees and litigation costs.

We have successfully represented clients throughout the entire state of Wisconsin. Your Wisconsin location is not a limitation for us.

Auto Lemon Law Attorneys

If you have had problems with your vehicle, it may be a lemon.

The Lemon Law is designed to protect consumers that purchase new cars, trucks, SUVs and mini-vans. As of 1993 all fifty U.S. states have passed Lemon Laws.

Each state has different standards and procedures, but all have similar coverage.


There are also other Consumer Protection laws that apply to consumer product purchases. Complaints, recalls and class actions are also an option for certain cases. There are options for new, used and leased vehicles.

Documentation is critical to protecting your rights. Never leave the dealership without a copy of your repair order.

Make sure your repair order states all of your vehicle’s deficiencies.

Always make certain that the work order states the date and time you leave your vehicle for repair, the repairs that were performed and the date you pick it up. Always save all repair orders.

The dealer or manufacturer may inform you that you do not have a claim under the lemon law. You should contact us for that determination. Assistance is only a moment away.


We have successfully settled claims for thousands of lemon law clients. We take pride in our ability to assure that our clients enjoy the justice they deserve.

Our previous clients refer many new clients to us and we look forward to doing our very best for you.

Your comments and suggestions are welcome and appreciated.

Fighting for Wisconsin Consumers Statewide

A vehicle purchase is often the second largest investment in a person's life. Wisconsin has laws and procedures in place to protect this investment. Similarly, warranties are also provided with vehicles to protect consumers. An experienced attorney can guide you through the procedures and advise you on whether your vehicle is eligible for relief.

Wisconsin's Lemon Law, one of the strongest in the country, has now provided protection for Wisconsin consumers for over 24 years. Signed into law on November 3, 1983, it protects new car, motorcycle, truck, semi-truck, and motor home buyers by stating that a manufacturer must refund or replace a new vehicle if it turns out to be a "lemon".

Obtaining relief under the lemon law is a procedure that must be followed carefully. An attorney can be helpful in determining whether you have a lemon law claim and to guide you through the lemon law process. Our office has handled hundreds of lemon law and warranty litigation cases and is experienced in litigating these types of cases throughout the State of Wisconsin.

Under the law, a vehicle is considered a lemon if it has one or more defects that substantially impair its use, value or safety. Such defects must be covered by warranty, and problems must occur in the first year of the warranty coverage. Although defects and repair attempts must occur in the first year, vehicle owners have up to several years after that to file a lawsuit.

While every state has a lemon law, the strength of these laws vary greatly. Wisconsin's Lemon Law is stronger than most and has a number of unique features.

▪ The law provides for double damages if a consumer wins a Lemon Law case in court.

▪ The law provides for the manufacturer to pay actual attorney fees and costs if the consumer prevails.

▪ The Wisconsin Lemon Law covers commercial vehicles. In many states, large commercial trucks have no protection.

▪ There is no mileage limitation.

▪ There is no express statute of limitations for filing a lawsuit.

▪ The law requires arbitration boards that have been certified by the state to strictly apply the lemon law to their decisions.

▪ Titles of "lemon" vehicles are branded "manufacturer buyback vehicle" making them more easily identifiable.

A consumer whose vehicle meets the definition of a lemon, having a substantial defect or condition, four repair attempts for the same problem or 30 days out of service for a variety of problems, needs to first contact the manufacturer to request a refund or replacement. The manufacturer has 30 days to respond. If the manufacturer does not respond or offer a refund or replacement vehicle, the consumer has a private right of action to sue the manufacturer in court. A consumer who wins a Lemon law suit will be awarded double damages, plus other costs and attorney fees.

Wisconsin Lemon Aid is a web site dedicated to the trust of the consumer. This site serves as a information source for consumers that are experiencing difficulties in "Lemon Law" issues.

Lemon Law

What is a Lemon?

A new vehicle, no more than a year old and still under warranty, is a lemon if it has a serious defect the dealer can't fix in four tries, or if it has one or many defects that prevent you from using it for 30 days or more (the 30 days need not be consecutive).
What is a defect?

A defect covered by the Lemon Law must seriously affect the use, value or safety of your vehicle and must be covered by the warranty. An irritating rattle may not be "serious" enough to make your car a lemon. Stalling probably is.
What vehicles are covered?

The law covers any new car, truck, motorcycle or motor home you buy or lease in Wisconsin, even if you register the vehicle in another state. It also covers a demonstrator or executive vehicle, but does not cover other used vehicles. The law also does not cover mopeds or trailers.
How long are you covered?

The Lemon Law includes no deadline for filing a Lemon Law suit; a court would decide if your case were too old. Some attorneys maintain that the limit would be six or seven years after purchase; however, some attorneys may be reluctant to handle cases over four years old.
Is my vehicle a lemon?

Your vehicle is a lemon if all of the following statements are true:

1. You bought or leased a vehicle in Wisconsin.

2. The vehicle is a car, truck, motorcycle or motor home.

3. The vehicle developed a defect or defects during its first year and before the warranty expired.

4. The defect seriously harms the vehicle's use, value or safety.

5. One of the following happened during the vehicle's first year and before the warranty expired:

* The dealer failed four times to fix the same defect; OR
* The vehicle was out of service for 30 days or more due or more defects

What should a lemon owner do?

* Get a repair order for every repair visit, even if the shop doesn't diagnose the problem or attempt a repair. A repair order should show the problem you report, and the dates your car is in the shop.
* Keep purchase contracts, warranties, and repair orders to prove you have a lemon. Don't keep repair orders in your car where they may get lost.
* We suggest you use WisDot's Motor Vehicle Lemon Law Notice Form to ask the manufacturer for a refund or replacement vehicle. Send the form to the manufacturer at the address in your owners manual. Your refund should include the full purchase price, sales tax, any finance charge, and collateral costs (for example, repairs, towing, alternative transportation), minus the mileage deduction allowed by law. If you get a replacement vehicle, the manufacturer should refund your collateral costs and charge nothing for mileage.
* If you return to the manufacturer a vehicle that has missing equipment or unrepaired damage beyond normal wear and tear, a manufacturer may want to negotiate a damage deduction. You should not be responsible for paying for normal wear and tear, such as minor dents, scratches, pitted glass, soiled carpets, minor stains or tears. Feel free to have the damage appraised at a location you choose, or to have it repaired rather than paying a deduction.
* If you don't get a refund or replacement by writing the manufacturer, consider using your manufacturer's arbitration program. If your manufacturer has a program certified by WisDOT, you must use it before you can sue under the Lemon Law. If your manufacturer's program is not certified, you do not have to use it. However, if you do use it, you might get a decision you like. You can reject any decision you don't like. See the list of arbitration programs listed below.
* Talk to an attorney if the manufacturer doesn't help you. A court may need to decide if your vehicle is a lemon and what settlement you deserve. If you sue the manufacturer and win, you could get double the vehicle purchase price, plus other costs and attorney fees.

law lemon wisconsin

Wisconsin's lemon law

If the motor vehicle you buy or lease turns out to be a "lemon," the manufacturer has to replace it free or refund the price (minus a reasonable amount for mileage).
What is a "lemon"?

A new vehicle - no more than a year old and still under warranty - is a "lemon" if

* It has a serious defect the dealer can't fix in four tries, or
* It has one or many defects that prevent you from using it for 30 days or more (the 30 days need not be consecutive)

What is a defect?
A defect covered by the Lemon Law must seriously affect the use, value or safety of your vehicle and must be covered by the warranty. An irritating rattle may not be "serious" enough to make your car a lemon. Stalling probably is.
What vehicles are covered?
The law covers any new car, truck, motorcycle or motor home (does not include mopeds, semi-trailers, trailers or non-motorized RVs) you buy or lease, even if you register the vehicle in another state. It also covers a demonstrator or executive vehicle.
How long are you covered?
The lemon law includes no deadline for filing a lemon law suit; a court would decide if your case were too old.
Is your vehicle a lemon?
Your vehicle is a lemon if all of the following statements are true:

* You bought or leased a new vehicle.
* The vehicle is a car, truck, motorcycle or motor home.
* The vehicle developed a defect or defects during its first year and before the warranty expired.
* The defect seriously harms the vehicle's use, value or safety.
* One of the following happened during the vehicle's first year and before the warranty expired:
o The dealer failed four times to fix the same defect; OR
o The vehicle was out of service for 30 days or more due to defects

What should a lemon owner do?

* Get a repair order for every repair visit, even if the shop doesn't diagnose the problem or attempt a repair. A repair order should show the problem you report, and the dates your car is in the shop.
* Keep purchase contracts, warranties, and repair orders to prove you have a lemon. Don't keep repair orders in your car where they may get lost.
* We strongly urge you to use the Wisconsin Department of Transportation's (WisDOT) Motor Vehicle Lemon Law Notice PDF form to ask the manufacturer for a refund or replacement vehicle. The Lemon Law Notice includes important language required under the lemon law. Send the form to the manufacturer at the address in your owners manual. The manufacturer has 30 days to respond. Your refund should include the full purchase price, sales tax, any finance charge, and collateral costs (for example, repairs, towing, alternative transportation), minus the mileage deduction allowed by law. If you get a replacement vehicle, the manufacturer should refund your collateral costs and charge nothing for mileage.
* If you return to the manufacturer a vehicle that has missing equipment or unrepaired damage beyond normal wear and tear, a manufacturer may want to negotiate a damage deduction. You should not be responsible for paying for normal wear and tear, such as minor dents, scratches, pitted glass, soiled carpets, minor stains or tears. Feel free to have the damage appraised at a location you choose, or to have it repaired rather than paying a deduction.
* If you don't get a refund or replacement by writing the manufacturer, consider using your manufacturer's arbitration program. If your manufacturer has a program certified by WisDOT, you must use it before you can sue under the Lemon Law. If your manufacturer's program is not certified, you do not have to use it. However, if you do use it, you might get a decision you like. You can reject any decision you don't like. See the list of arbitration programs listed below.
* Talk to an attorney if the manufacturer doesn't help you. A court may need to decide if your vehicle is a lemon and what settlement you deserve. If you sue the manufacturer and win, you could get double the vehicle purchase price, plus other costs and attorney fees.

Who can you call for help?

WisDOT's Dealer & Agent Section licenses and regulates dealers and manufacturers and helps resolve disputes about vehicle sales and warranties. Contact the Dealer & Agent Section if you have a complaint against a dealer or manufacturer.

The Dealer & Agent Section won't resolve your Lemon Law complaint for you, but it will give you more information about exercising your rights under the Lemon Law.
U.S. DOT auto safety hotline

If you own a car or truck that you feel has a safety defect you should report the problem to the Hotline at the National Highway Traffic Safety Administration (NHTSA) of the U.S. Department of Transportation (DOT).

The U.S. DOT Auto Safety Hotline specializes in gathering information about safety problems in motor vehicles and equipment and is your chance to help identify these problems which sometimes lead to recalls. The Hotline can be dialed toll free at (888) DASH-2-DOT or (888) 327-4236 or you can now file your vehicle safety defect report online.
Need a speaker?

WisDOT's Dealer & Agent Section (608) 266-1425 or dealers.dmv@dot.state.wi.us has speakers for your class or meeting. It's free! Please give us four weeks' notice.

Topics include:

* The lemon law
* Wise car buying

Manufacturer arbitration programs:

Arbitration is an informal way to resolve your complaint without going to court. Arbitrators - often volunteers from the community - decide your case based on information you and the manufacturer provide. If your manufacturer has an arbitration program certified by WisDOT, you must use it before suing under the Lemon Law. If it is not certified, you do not have to use it. In either case, arbitration is free, you don't need a lawyer, and you don't have to accept a decision you don't like. Please call the toll-free number for the program's current procedures.