How does the Wisconsin Lemon Law work?
The Wisconsin Lemon Law covers drivers whose vehicles suffer a nonconformity or defect within the first 12 months , that can't be repaired after repeated attempts (normally 4) by the manufacturers authorized dealership. The WI Lemon Law covers cars registered or transferred in Wisconsin.
Does a problem always need to occur four times to be considered a lemon?
Not necessarily. If your car is in the shop 30 days or more in the first year, consecutive or not, we can file a claim under the Law. Likewise, if you are experiencing paint problems, the same kind of problem (electrical, water leak in the back versus water leak in the front, front brakes and then back brakes and then front brakes again), or if it is a significant problem that has occurred three times, we welcome you to submit your information for our consideration. We handle each case separately and we have made exceptions in the past.
What happens if I fall outside the 12 months before my first problem exists? Does this mean I do not have a claim?
No. If you are having continuous problems and your car is under a manufacturer's warranty, we can still help under the Federal Magnuson Moss Warranty Act. Please let us know about your repairs and we will have someone from our firm contact you and explain your rights. The representation is still completely cost-free.
How does the Wisconsin Lemon Law offer cost-free representation?
The Wisconsin Lemon Law contains a fee-shifting provision, which means that if the manufacturer does not buy the vehicle back within 30 days after notice is given and the consumer prevails, the manufacturer must pay all attorney fees and legal costs on top of what you receive. The fee-shifting provision gives you equal footing when battling against a multi-billion dollar automobile manufacturer.
Are leased cars covered under the Wisconsin Lemon Law?
Yes.
Are motorcycles covered under the Wisconsin Lemon Law?
Yes.
I have had my car for only a few days and already I am having problems with it. Can I just return it to the dealership?
No. Problems can occur immediately, but if you are interested in opening a Wisconsin Lemon Law claim, you must follow proper procedures. That means making an appointment to have your car examined and repaired, and securing a repair invoice when you pick up your car. Make sure the invoice properly outlines all of the problems you disclosed to the service manager. We also suggest you keep a personal log of your repair visits and PLEASE HOLD ON TO THE INVOICES. This does not mean that we can't help you if you don't have the invoices (we can subpoena them if necessary) but it does make your case move along smoother. DO NOT JUST DROP OFF YOUR CAR AND KEYS AT A DEALER AND SAY "I DON'T WANT THIS CAR ANYMORE." THEY COULD COUNT IT AS A VOLUNTARY REPOSSESION AND IT COULD NEGATIVELY AFFECT YOUR CREDIT! IF YOU ARE HAVING PROBLEMS, CONSULT A CONSUMER ATTORNEY, BE IT US OR SOMEONE ELSE.
Are used cars covered under the Wisconsin Lemon Law?
This is the #1 question we receive at Kimmel & Silverman. Unfortunately, most used cars are not covered under the Wisconsin Lemon Law, but hold on... don't get discouraged yet ...If you have a manufacturer's warranty, original or extended, we can still help you under the aforementioned Mag Moss Act.
I have so many more questions. Who can I ask?
Ask away. Give us a call at 1-800-LEMON-LAW (1-800-536-6652) 24 hours a day or feel free to e-mail us and we will be glad to get back to you as soon as possible.
I know how it feels to pay a lot of money for a new car that can't be relied on and might even be dangerous.
In 1983, my wife and I bought a 1984 Pontiac Fiero. Soon thereafter, my wife started experiencing an intermittent engine kill problem. At highway speeds, often in heavy traffic, the engine would suddenly kill, the driver was left without power to the steering and brakes, and my wife or I would have to dodge traffic and wrestle the car to the side of the road. Many mornings, my wife and I would drive to the dealer and drop off the car, get along with one car and two jobs for the days the car was in the shop, and then both go to the dealership and pick up the car. The engine would kill again and we would repeat the process. In December, 1983, the car was at GM for almost a month. Finally, they fixed it. About six years later, when my wife was driving up from Florida, the engine caught fire and she was stranded for a week with our dog in a cheap motel in Georgia while GM replaced the whole engine. A few weeks later, the car and we were put out of our misery when another car ran a red light, crashed into me, and totaled the Fiero. So I know first hand how it feels to pay for a new car and not get reliability. I've been there.
I know how it feels to have a legal problem and fear high attorney's fees.
When you retain me to review your case, you pay nothing. When you hire me to represent you in a Lemon Law claim, you pay nothing. In most cases, you pay nothing when we resolve your claim. In almost all cases, you receive your choice of a brand new, comparably equipped vehicle or all your money back (including finance interest and collateral costs less the statutory mileage offset that usually totals only a few hundred dollars) and I am paid by the manufacturer and you pay me nothing. In these typical cases, my fee does not cost you anything and is in addition to your remedy. In every case, before you hire me, I present you with a written retention agreement, designed to be understood by a nonlawyer like you, that explains our respective obligations to each other. You know exactly if/when you could be responsible to pay me anything.
I know how it feels to take on a huge company with vast expertise and almost unlimited money.
When I took my first Lemon Law cases in 1986, I was a lawyer for all of five years and had little money and no experts to take on the motor vehicle manufactures. I believe I was the first Wisconsin lawyer to take Lemon Law cases in quantity. Now -- after having won every trial but one in the last 20+ years, and after having settled more than 750 cases -- I have been told by many manufacturers representatives and their attorney's that they respect my skills, my judgment, and my cases.
I know how it feels to face years of litigation.
Lawsuits can take years to resolve. I believe that no real person, with a real life, belongs in the court system if it can be avoided. Most of my Lemon Law cases are resolved within 6-10 weeks after I start my work. I generally do not file a lawsuit unless the manufacturer will not agree to replace or repurchase the vehicle (and pay my fee). While every case is different, and some take longer, good cases get resolved quickly if the court system is avoided.
The Wisconsin Lemon Law covers drivers whose vehicles suffer a nonconformity or defect within the first 12 months , that can't be repaired after repeated attempts (normally 4) by the manufacturers authorized dealership. The WI Lemon Law covers cars registered or transferred in Wisconsin.
Does a problem always need to occur four times to be considered a lemon?
Not necessarily. If your car is in the shop 30 days or more in the first year, consecutive or not, we can file a claim under the Law. Likewise, if you are experiencing paint problems, the same kind of problem (electrical, water leak in the back versus water leak in the front, front brakes and then back brakes and then front brakes again), or if it is a significant problem that has occurred three times, we welcome you to submit your information for our consideration. We handle each case separately and we have made exceptions in the past.
What happens if I fall outside the 12 months before my first problem exists? Does this mean I do not have a claim?
No. If you are having continuous problems and your car is under a manufacturer's warranty, we can still help under the Federal Magnuson Moss Warranty Act. Please let us know about your repairs and we will have someone from our firm contact you and explain your rights. The representation is still completely cost-free.
How does the Wisconsin Lemon Law offer cost-free representation?
The Wisconsin Lemon Law contains a fee-shifting provision, which means that if the manufacturer does not buy the vehicle back within 30 days after notice is given and the consumer prevails, the manufacturer must pay all attorney fees and legal costs on top of what you receive. The fee-shifting provision gives you equal footing when battling against a multi-billion dollar automobile manufacturer.
Are leased cars covered under the Wisconsin Lemon Law?
Yes.
Are motorcycles covered under the Wisconsin Lemon Law?
Yes.
I have had my car for only a few days and already I am having problems with it. Can I just return it to the dealership?
No. Problems can occur immediately, but if you are interested in opening a Wisconsin Lemon Law claim, you must follow proper procedures. That means making an appointment to have your car examined and repaired, and securing a repair invoice when you pick up your car. Make sure the invoice properly outlines all of the problems you disclosed to the service manager. We also suggest you keep a personal log of your repair visits and PLEASE HOLD ON TO THE INVOICES. This does not mean that we can't help you if you don't have the invoices (we can subpoena them if necessary) but it does make your case move along smoother. DO NOT JUST DROP OFF YOUR CAR AND KEYS AT A DEALER AND SAY "I DON'T WANT THIS CAR ANYMORE." THEY COULD COUNT IT AS A VOLUNTARY REPOSSESION AND IT COULD NEGATIVELY AFFECT YOUR CREDIT! IF YOU ARE HAVING PROBLEMS, CONSULT A CONSUMER ATTORNEY, BE IT US OR SOMEONE ELSE.
Are used cars covered under the Wisconsin Lemon Law?
This is the #1 question we receive at Kimmel & Silverman. Unfortunately, most used cars are not covered under the Wisconsin Lemon Law, but hold on... don't get discouraged yet ...If you have a manufacturer's warranty, original or extended, we can still help you under the aforementioned Mag Moss Act.
I have so many more questions. Who can I ask?
Ask away. Give us a call at 1-800-LEMON-LAW (1-800-536-6652) 24 hours a day or feel free to e-mail us and we will be glad to get back to you as soon as possible.
I know how it feels to pay a lot of money for a new car that can't be relied on and might even be dangerous.
In 1983, my wife and I bought a 1984 Pontiac Fiero. Soon thereafter, my wife started experiencing an intermittent engine kill problem. At highway speeds, often in heavy traffic, the engine would suddenly kill, the driver was left without power to the steering and brakes, and my wife or I would have to dodge traffic and wrestle the car to the side of the road. Many mornings, my wife and I would drive to the dealer and drop off the car, get along with one car and two jobs for the days the car was in the shop, and then both go to the dealership and pick up the car. The engine would kill again and we would repeat the process. In December, 1983, the car was at GM for almost a month. Finally, they fixed it. About six years later, when my wife was driving up from Florida, the engine caught fire and she was stranded for a week with our dog in a cheap motel in Georgia while GM replaced the whole engine. A few weeks later, the car and we were put out of our misery when another car ran a red light, crashed into me, and totaled the Fiero. So I know first hand how it feels to pay for a new car and not get reliability. I've been there.
I know how it feels to have a legal problem and fear high attorney's fees.
When you retain me to review your case, you pay nothing. When you hire me to represent you in a Lemon Law claim, you pay nothing. In most cases, you pay nothing when we resolve your claim. In almost all cases, you receive your choice of a brand new, comparably equipped vehicle or all your money back (including finance interest and collateral costs less the statutory mileage offset that usually totals only a few hundred dollars) and I am paid by the manufacturer and you pay me nothing. In these typical cases, my fee does not cost you anything and is in addition to your remedy. In every case, before you hire me, I present you with a written retention agreement, designed to be understood by a nonlawyer like you, that explains our respective obligations to each other. You know exactly if/when you could be responsible to pay me anything.
I know how it feels to take on a huge company with vast expertise and almost unlimited money.
When I took my first Lemon Law cases in 1986, I was a lawyer for all of five years and had little money and no experts to take on the motor vehicle manufactures. I believe I was the first Wisconsin lawyer to take Lemon Law cases in quantity. Now -- after having won every trial but one in the last 20+ years, and after having settled more than 750 cases -- I have been told by many manufacturers representatives and their attorney's that they respect my skills, my judgment, and my cases.
I know how it feels to face years of litigation.
Lawsuits can take years to resolve. I believe that no real person, with a real life, belongs in the court system if it can be avoided. Most of my Lemon Law cases are resolved within 6-10 weeks after I start my work. I generally do not file a lawsuit unless the manufacturer will not agree to replace or repurchase the vehicle (and pay my fee). While every case is different, and some take longer, good cases get resolved quickly if the court system is avoided.
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