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The Wisconsin (WI) Lemon Law states tha if your vehicle is deemed to be a lemon you are entitled to get it replaced free or get a refund after deducting a reasonable sum for mileage used.

What decides your car is a lemon? The conditions that apply if a car is to be called a lemon under the WI Lemon Law are:

It should be a new vehicle.
It should not be older than a year and should still be under the manufacturer’s warranty.
It should have a serious defect that the dealer’s repair shop can’t repair in 4 attempts, or,
The car has faults that keep it out of service for 30 or more days. These need not be successive 30 days.

As Per the WI Lemon Law a defect is a fault that critically reduces the value, use or safety of the car and is included in the manufacturer’s warranty. If your car has a constant rattle, it cannot be called a serious defect. However, if, the brakes stop functioning spasmodically, that is a defect.

The law applies to any leased or purchased new vehicle including a car, a motor cycle, a truck, a motor home, a demonstrator or an executive vehicle. The Wisconsin lemon law affects your vehicle even if you have registered the vehicle in some other state.

Under the WI Lemon Law, there is no official limitation to the filing of a legal action; the decision on whether an automobile is too old is taken by the court on a case-to-case basis.

What to do if your car is a lemon

First make sure that you get a repair order every time that your car goes in for repairs. This is irrespective of whether the repair shop is able to pinpoint a problem or whether they try to repair it. The repair order, containing the problem reported by you and the dates that the car was at the repair shop, must be available as proof.

Keep all your documents safely. These include your purchase contract, any warranty and repair order. Keeping documents in the car may prove unsafe as they may get misplaced.

When asking the manufacturer for a refund or a replacement vehicle, it is recommended that the Wisconsin Department of Transportation's (WisDOT) Motor Vehicle Lemon Law Notice form. This is because this notice includes some important legal language that is needed under the WI lemon law.

Having made copies of all your documents, despatch the form to the address provided in your owner’s manual. The car manufacturer is bound to respond in 30 days. If you get a refund it should comprise the full purchase price, sales tax, any finance charge, and collateral costs (for example, repairs, towing, alternative transportation), minus the mileage deduction permitted by law. If the manufacturer decides to give you a replacement vehicle, the collateral costs should be refunded and the mileage on your old vehicle should not be charged.

There is a possibility that if your vehicle has suffered damage over and above the normal, then your manufacturer may want to bargain for damage deduction. If the damage is what occurs in day-to-day use, like dents, some scratches etc. then you should not be made to pay for that. If you feel more comfortable, you should get the damage assessed at a place of your choice or get it repaired rather than pay damage deduction.

If the manufacturer does not give you a replacement or refund after sending the notice, then you could use the arbitration programme provided by him. If the manufacturer’s programme is certified by WisDOT, then it is a must to use that before approaching the court under the lemon law.

If the program is not certified, you are not bound to use it. However, sometimes by using arbitration, you may be able to get a decision in your favour. If you are not happy with the decision of the arbitration programme, you may refuse to accept it.

You will need to consult an attorney if the manufacturer does not agree to give a replacement or refund. If you win the case in court, then you may get even double the purchase cost of your vehicle as well as the attorney fees and other charges. To find an attorney who handles Lemon Law cases, contact the State Bar of Wisconsin Attorney Referral Service toll-free at (800) 362-9082, or at (608) 257-4666 or WisBar Lawyer Referral and Information Service.

Call for assistance

WisDOT's Dealer Section provides licenses to dealers and manufacturers and assists in giving solutions to disputes arising from vehicle sales and warranties. This is the department to be contacted to make a complaint against a dealer or car manufacturer.

This Section while not deciding your complaint, will definitely give you good advice about your rights.

You can also ask the U.S. DOT auto safety hotline especially if you feel that there is a safety problem with your vehicle.


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