Perhaps the greatest fear of any new-car buyer is discovering that
they are the unlucky purchaser of a “lemon.” Indeed, the epidemic of
“lemons” is so pronounced that all states, including Wisconsin, have
enacted consumer-protection laws just for the purchasers of such
vehicles. These laws are affectionately referred to as “lemon laws,” and
the Wisconsin Lemon Law is a perfect example. If you have recently
purchased or leased a vehicle in Wisconsin and did not receive the
well-functioning, reliable new car you bargained for, the Wisconsin
Lemon Law, as well as the Federal Lemon Law, provides you with important
rights and protections and requires the Manufacturer who manufactured
and/or warranted your lemon to repair, repurchase or replace the
defective vehicle.
Is My Vehicle Covered?
The Wisconsin Lemon Law covers any motor driven vehicle that is purchased or leased in Wisconsin. This includes motorcycles, demonstrators or executive vehicles, as well as vehicle converters, but does not include mopeds, semitrailers, or trailers designed for use in combination with a truck or truck tractor. The Wisconsin Lemon Law also does not cover previously-owned vehicles purchased from a dealer, but does apply to vehicles transferred during the warranty period if they were not transferred for the purpose of resale.
Federal law, however expands upon these covered vehicles and provides more comprehensive protection to the purchaser of any consumer product. Contact Krohn & Moss, Ltd. Consumer Law Center® to determine whether your vehicle or other consumer product is covered by either state or federal lemon laws.
What Problems or Defects are Covered?
The Wisconsin Lemon Law protects consumers from vehicle “nonconformities,” or which are items covered by the manufacturer’s warranty that substantially impair the use, safety, or value of your vehicle. Under the Wisconsin Lemon Law, defects and nonconformities must arise within one year after the vehicle has been delivered, and must be reported to the manufacturer or dealer within that period. The federal Magnuson-Moss Warranty Act, however, (otherwise known as the Federal Lemon Law) provides protection for the entire warranty period. So, Wisconsin vehicles with 5 or 10 year warranties – or longer – are still protected under Federal lemon law.
Both Federal and Wisconsin Lemon Law, however, provide a series of deadlines and requirements which you must meet in order to take advantage of the full protection of the law. To make sure that you meet these deadlines and are able to obtain relief under the federal and Wisconsin Lemon Laws, contact the experienced Lemon Law attorneys at Krohn & Moss, Ltd. Consumer Law Center® for a free case review.
What Does the Manufacturer Have To Do?
The Manufacturer must repair any covered defects under the Wisconsin Lemon Law! If your new car is not what you were promised, and those defects substantially impair the vehicle (as described above), then the dealer is legally required to fix it.
But what if it’s not a simple fix? The Manufacturer is entitled to a “reasonable opportunity to repair” the vehicle – but if it fails to do so, the Wisconsin Lemon Law gives you additional rights. Under the Wisconsin Lemon Law, a reasonable opportunity to repair is generally four failed attempts, or more than thirty days during which your vehicle is out of service due to repairs.
If your vehicle is still not ship-shape after a reasonable opportunity to repair, the Wisconsin Lemon Law requires the Manufacturer to repurchase or replace your vehicle. Although the shape of this remedy varies depending on the type of vehicle, whether you purchased or leased the vehicle, and the number of miles you have put on it, as a general matter you are entitled to a comparable new car or your money back – including finance charges and any incidental charges you incurred due to the defect (such as the cost of other transportation while your car was out of service). The Wisconsin Lemon Law lawyers at Krohn & Moss, Ltd. Consumer Law Center® can help you determine what is required from your Manufacturer and how to enforce your rights under the Wisconsin Lemon Law.
Recent Changes to Wisconsin Lemon Law
It is important to note that the Wisconsin Lemon Law has recently changed – one set of rules applies to cars purchased or leased before March 1, 2014, and a different set of rules applies to cars purchased or leased after that date.
The principal change to the Wisconsin Lemon Law is the addition of heavy involvement by the Wisconsin DOT (Department of Transportation): specific forms that must be used, for example, and notices that must be given. Your experienced Wisconsin Lemon Law attorney can help you to determine whether the changes to the law will impact your case, and to help you navigate the new bureaucratic hurdles so that you can get the best result regardless of the date of your purchase or lease. The Wisconsin Lemon Law attorneys at Krohn & Moss, Ltd. Consumer Law Center® know the ins and outs of lemon law, and will seek to get you the results you deserve, whether you purchased before or after the change.
What Should I Do if I Have a Lemon?
If you suspect you have a lemon, you should contact the experienced Lemon Law attorneys at Krohn & Moss, Ltd. Consumer Law Center® for a free case review. Our Wisconsin Lemon Law lawyers can help you determine whether you are entitled to a new vehicle or even money damages.
Additionally, both Federal and Wisconsin Lemon Laws provide that if you recover in a court of law, the Manufacturer who manufactured and/or warranted you your lemon must pay for the time that your attorneys spent enforcing your rights. This way, you can enforce your rights even if you do not have the money to pay for an attorney yourself! That is why the attorneys at Krohn & Moss, Ltd. Consumer Law Center® do not charge a fee unless and until you win your case.
Is My Vehicle Covered?
The Wisconsin Lemon Law covers any motor driven vehicle that is purchased or leased in Wisconsin. This includes motorcycles, demonstrators or executive vehicles, as well as vehicle converters, but does not include mopeds, semitrailers, or trailers designed for use in combination with a truck or truck tractor. The Wisconsin Lemon Law also does not cover previously-owned vehicles purchased from a dealer, but does apply to vehicles transferred during the warranty period if they were not transferred for the purpose of resale.
Federal law, however expands upon these covered vehicles and provides more comprehensive protection to the purchaser of any consumer product. Contact Krohn & Moss, Ltd. Consumer Law Center® to determine whether your vehicle or other consumer product is covered by either state or federal lemon laws.
What Problems or Defects are Covered?
The Wisconsin Lemon Law protects consumers from vehicle “nonconformities,” or which are items covered by the manufacturer’s warranty that substantially impair the use, safety, or value of your vehicle. Under the Wisconsin Lemon Law, defects and nonconformities must arise within one year after the vehicle has been delivered, and must be reported to the manufacturer or dealer within that period. The federal Magnuson-Moss Warranty Act, however, (otherwise known as the Federal Lemon Law) provides protection for the entire warranty period. So, Wisconsin vehicles with 5 or 10 year warranties – or longer – are still protected under Federal lemon law.
Both Federal and Wisconsin Lemon Law, however, provide a series of deadlines and requirements which you must meet in order to take advantage of the full protection of the law. To make sure that you meet these deadlines and are able to obtain relief under the federal and Wisconsin Lemon Laws, contact the experienced Lemon Law attorneys at Krohn & Moss, Ltd. Consumer Law Center® for a free case review.
What Does the Manufacturer Have To Do?
The Manufacturer must repair any covered defects under the Wisconsin Lemon Law! If your new car is not what you were promised, and those defects substantially impair the vehicle (as described above), then the dealer is legally required to fix it.
But what if it’s not a simple fix? The Manufacturer is entitled to a “reasonable opportunity to repair” the vehicle – but if it fails to do so, the Wisconsin Lemon Law gives you additional rights. Under the Wisconsin Lemon Law, a reasonable opportunity to repair is generally four failed attempts, or more than thirty days during which your vehicle is out of service due to repairs.
If your vehicle is still not ship-shape after a reasonable opportunity to repair, the Wisconsin Lemon Law requires the Manufacturer to repurchase or replace your vehicle. Although the shape of this remedy varies depending on the type of vehicle, whether you purchased or leased the vehicle, and the number of miles you have put on it, as a general matter you are entitled to a comparable new car or your money back – including finance charges and any incidental charges you incurred due to the defect (such as the cost of other transportation while your car was out of service). The Wisconsin Lemon Law lawyers at Krohn & Moss, Ltd. Consumer Law Center® can help you determine what is required from your Manufacturer and how to enforce your rights under the Wisconsin Lemon Law.
Recent Changes to Wisconsin Lemon Law
It is important to note that the Wisconsin Lemon Law has recently changed – one set of rules applies to cars purchased or leased before March 1, 2014, and a different set of rules applies to cars purchased or leased after that date.
The principal change to the Wisconsin Lemon Law is the addition of heavy involvement by the Wisconsin DOT (Department of Transportation): specific forms that must be used, for example, and notices that must be given. Your experienced Wisconsin Lemon Law attorney can help you to determine whether the changes to the law will impact your case, and to help you navigate the new bureaucratic hurdles so that you can get the best result regardless of the date of your purchase or lease. The Wisconsin Lemon Law attorneys at Krohn & Moss, Ltd. Consumer Law Center® know the ins and outs of lemon law, and will seek to get you the results you deserve, whether you purchased before or after the change.
What Should I Do if I Have a Lemon?
If you suspect you have a lemon, you should contact the experienced Lemon Law attorneys at Krohn & Moss, Ltd. Consumer Law Center® for a free case review. Our Wisconsin Lemon Law lawyers can help you determine whether you are entitled to a new vehicle or even money damages.
Additionally, both Federal and Wisconsin Lemon Laws provide that if you recover in a court of law, the Manufacturer who manufactured and/or warranted you your lemon must pay for the time that your attorneys spent enforcing your rights. This way, you can enforce your rights even if you do not have the money to pay for an attorney yourself! That is why the attorneys at Krohn & Moss, Ltd. Consumer Law Center® do not charge a fee unless and until you win your case.
Wisconsin Lemon Laws
State Lemon Laws
In auto lingo, a "lemon" is a new car that has a habitual defect that neither the dealer nor a repair shop is able to fix. Rather than sticking the consumer with a problematic or even inoperable vehicle, lemon laws offer some financial protections for car owners. Wisconsin’s lemon law statutes are like lemon laws in other states, and require the dealer to replace or refund a consumer if they are unable to repair a major problem within one year.
Lemon Laws in Wisconsin
The following chart highlights Wisconsin’s lemon law statute.
| Code Section | 218.0171 |
| Title of Act | Not specified |
| Definition of Defects | Nonconformity to applicable express warranties which significantly affects the use, safety, or market value of vehicle |
| Time Limit for Manufacturer Repair | Term of warranty or 1 year after first delivery of motor vehicle to consumer, whichever is sooner |
| Remedies | Consumer's option: accept return and replace with comparable new vehicle and refund any collateral costs or accept return and refund full purchase price plus any sales tax, finance charge, amount paid by the consumer at point of sale, and collateral costs, less a reasonable allowance for use |
- The vehicle must have a substantial nonconformity that appears within a certain time after purchase;
- The nonconformity must be covered by a warranty; and
- The nonconformity must continue to exist, even after a reasonable number of attempted repairs.
Related Resources for Lemon Laws
Realizing you might have spent your hard-earned money on a lemon can be tough. You can visit FindLaw's lemon law section for additional articles and resources on this topic. You can also consult with an experienced lemon law attorney in Wisconsin if you would like legal assistance with a possible lemon law matter
- See more at: http://statelaws.findlaw.com/wisconsin-law/wisconsin-lemon-laws.html#sthash.Y1S9G5sm.dpuf
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