Wisconsin Lemon Law Blog

After a house, a car commands the second largest share from our savings. If you are living in Wisconsin and planning to pay for a car, you can be rest assured that Wisconsin has all the laws and procedures to protect your investment and your Wisconsin lemon law rights. What you need to do to get the best out of the Wisconsin lemon law is, check that all the warranties are in place with your vehicle. This precaution plays a very important role in the protection of your investment and makes your car eligible for relief in case of a warranty breach.

Signed into law on the 3rd of November 1983, Wisconsin lemon law protects:

• New cars
• Motorcycles
• Trucks and semi-trucks
• Motor homes

The Wisconsin lemon law states that a manufacturer must refund or replace a new vehicle if it turns out to be a lemon vehicle. In Wisconsin lemon law and warranty cases, the manufacturer is required to pay the consumer’s wisconsin lemon law attorney fees if you prevail.

The Wisconsin lemon law states that a vehicle is considered to be a lemon if:

• It has one or more defects that substantially impair its use, value or safety
• The defects surface within the warranty period
• The defects occur in the first year of the warranty
• The manufacturer’s authorized dealer has made four repair attempts for the same problem
• The defects have confined the vehicle to the mechanic’s shed for 30 days or more

The Wisconsin lemon law states that though the defects and repair attempts are made in the first year, you can file a lemon lawsuit even much later.

Every state in the US has its own lemon laws and they vary from state to state but Wisconsin lemon law is one of the strongest in the US.

Wisconsin lemon law is considered to be stronger than the most for the following reasons:

• The Wisconsin lemon law provides double damages if you win a lemon law case in court
• The Wisconsin lemon law requires the manufacturer to pay attorney fees and costs if you prevail
• The Wisconsin lemon law covers commercial vehicles unlike in many states where large commercial trucks have no Lemon Law protection
• The Wisconsin lemon law sets no mileage limitation
• The Wisconsin lemon law sets no express statute of limitations for filing a lawsuit
• The Wisconsin lemon law requires arbitration boards that have been certified by the state to strictly apply the lemon law to their decisions
• The Wisconsin lemon law requires titles of Wisconsin lemon vehicles be branded ‘manufacturer buyback vehicle’ to make them more distinct and identifiable

If you think your vehicle qualifies to be a lemon:

• The Wisconsin lemon law requires you to contact the manufacturer with a request for refund or replacement
• The Wisconsin lemon law states that the manufacturer has 30 days to respond to it
• The Wisconsin lemon law gives you a right of action to sue the manufacturer in court if the manufacturer does not respond
• The Wisconsin lemon law gives you a right of action to sue the manufacturer in court if the manufacturer does not offer a refund or replacement vehicle
• The Wisconsin lemon law entitles you to double damages, other costs and attorney fees

There are number of remedies and laws that give consumers protection against the lemon used car they have unwittingly landed. If you have purchased a used car there are many ways by which you may be qualified for cash or other lemon law benefits. There are many laws that protect the consumers with lemon used cars in many states. In some places, the law applies both to dealer and private seller sales.

Lemon law protection if there is a Warranty with the used car

Magnuson-Moss Warranty Act: The federal Magnuson-Moss Warranty Act warrants the manufacturer of any product to abide by the warranty. Written or implied warranties or service contracts can be taken advantage of against a breach of warranty.

Express Warranties: These are stated warranties. If your vehicle has a five-year warranty on a drive train, your vehicle would still be covered for one whole year if you have purchased it when it was four years old. Almost all vehicles sold with fewer than 36,000 miles will have warranty left from the manufacturer. Verbal representations made by a salesperson at the dealership, advertisements are also Express warranties.

Gregory H. Moss is wisconsin lemon law attorney of Krohn & Moss, Ltd says that, if your vehicle is ‘Certified pre owned’ with a short Manufacturer’s Warranty of one year or you have purchased an Extended Warranty backed by the manufacturer, say for 5 years or longer, your case falls outside the scope of the state lemon law. However your vehicle is still covered by special federal lemon laws.

Implied Warranties: Implied Warranties means implied obligations on the part of a dealer as far as the soundness of the car is concerned. Dealers in some states avoid implied warranties by selling the vehicle “as is.” This, however does not void the buyer’s lemon law rights.

Warrant of Merchantability: This also is an implied warranty and it implies that a vehicle runs the way it is supposed to. An implied warranty may not cover every component of a vehicle. It applies to its basic functions. If the car has problem and does not function, it is on the shoulders of the buyer to prove that the defect was present at the time of its purchase.

If there is No Manufacturer’s Warranty- Violations of consumer protection laws

If the used car you bought has no manufacturer’s warranty of any kind you may be entitled to compensation for violations of consumer protection laws.

Check if your used car is a:

• Laundered lemon and an odometer roll back
• Salvaged or wrecked, flood or water damaged car
• Vehicle used as rental car, police car or taxi
• Stolen, stripped and rebuilt car

Lemon laws are not limited to cars. There are RV lemon laws, boat lemon laws, and motorcycle, wheelchair and computer lemon laws. Lemon Laws differ from state to state. A lemon law attorney practicing in a state can provide you with the information on the scope and restrictions of Lemon Laws in that state.

Uniform Commercial Code: When a dealer dodges the responsibility to claims to the warrant of merchantability, he can be challenged with the help of the federal law , the Uniform Commercial Code (UCC). The UCC further allows the cancellation of the sale of the said used car.

Unfair and Deceptive Acts and Practices: Every state has an Unfair and Deceptive Acts and Practices (UDAP) law. These laws can be applied even in the “as is” used car purchase. This requires establishing that the dealer was guilty of a verbal deception. You should also be able to prove that the dealer had avoided giving the information to the buyer about the defects of the vehicle.

Truth in Mileage Act: If your vehicle was sold with a false odometer statement the Truth in Mileage Act (TIMA) can help. Odometer fraud or the rolling back the odometers on used cars has been estimated at 3.5 percent of the used vehicles sold every year.

FTC Used Car Rule: The Federal Trade Commission’s (FTC) Used Car Rule dictates the dealers that they post a Buyers Guide in every used car they sell. This rule applies even to light-duty vans, light-duty trucks, demonstrators, and program cars. The Buyers Guide is part of a sales contract and should override any conflicting provisions in the small print, in your contract.

New Car Lemon Laws: If your used car purchase is a recent model with the mileage and time clause in accordance with the new car Lemon Laws, you can take advantage of it. These laws are allowed in many of the states in the USA and get a relief on a lemon used car purchase.

The Wisconsin Lemon Law is a statutory form of recovery which became effective on November 3, 1983. The Wisconsin Lemon can apply to new vehicles, used vehicles purchased within the written warranty period and leased vehicles with a serious mechanical problem that was purchased or leased in Wisconsin. The Wisconsin Lemon Law states that the mechanical problem should be first reported to the manufacturer or authorized dealer within one year after the date of delivery or before the expiration of the warranty period.

The Wisconsin lemon law does not protect the following:

• The cosmetic flaws in a vehicle that do not impair the use, value or safety of the vehicle
• Nonconformities which are not covered by the manufacturer’s warranty caused by an after sales item
• Characteristics like heavy steering on a vehicle without power steering
• Poor acceleration of a vehicle with a small engine
• Defects or nonconformities due to incorrect operation
• Defects occurred due to the negligence of the owner
• Defects occurred as a result of an accident involving the vehicle
• Problems resulted from modification or repair performed by a non-authorized person or facility

To get the protection from the Wisconsin Lemon Law, the mechanical problem in the vehicle must

• Substantially impair its use, market value, or safety
• Render it nonconforming to the terms of an applicable manufacturer’s warranty

The Wisconsin Lemon Law states that the vehicle is a lemon if

• It had been in the custody of the manufacturer or its authorized dealer for repairs over a cumulative period of 30 calendar days or more
• The nonconformity occurred and reported to the manufacturer or authorized dealer within one year after the date of delivery or before the expiration of the warranty period
• The manufacturer is given a reasonable number of (4) chances to repair the mechanical problem in your vehicle

The Wisconsin Lemon Law states that if the defect continues, or cannot be repaired at all:

• Contact the manufacturer in writing
• Demand relief referring to Wisconsin’s Lemon Law because you believe that the vehicle is a lemon
• The manufacturer has 30 days to either provide a refund or a comparable new vehicle

In case the manufacturer fails to provide the appropriate relief the Wisconsin Lemon Law offers the other following recourses:

If the manufacturer has an arbitration program that complies with Wisconsin Department of Transportation rules:

• Submit the dispute to arbitration before starting a lawsuit
• The manufacturer is bound by the decision at arbitration
• You are not bound by the decision at arbitration if you are not happy with its outcome
• You can go ahead and file a lawsuit

If the manufacturer does not have arbitration program that complies with the Wisconsin Department of Transportation rules

• It is up to your discretion if you want to go through arbitration
• Unless you agree to the arbitration decision is not binding on you

If arbitration is not mandatory

• You may proceed to file a lawsuit directly

Under the Wisconsin Lemon Law you may be entitled to

• Refund of your purchase price and collateral costs minus a reasonable allowance for use
• A comparable new vehicle plus your collateral costs

Collateral costs are those expenses incurred in connection with the repair of the nonconformity and alternate transportation costs.

If the manufacturer does not respond to your request for relief within thirty days, and you go to court and you win, you may be entitled to double damages, costs of the lawsuit and reasonable attorney fees, plus any equitable relief the court deems appropriate.

Alternative protection afforded if your vehicle does not qualify under the Wisconsin Lemon Law

If your vehicle does not qualify for lemon law protection under the Wisconsin Lemon Law you may file a claim for misrepresentation, breach of warranty or breach of contract.

Contact a Wisconsin Lemon Law attorney to determine the best course of action for your situation. Keep all receipts and records concerning repairs to your vehicle. Note the purpose and date of all repairs along with the length of time your vehicle is in the shop. It is extremely important that you file with your Wisconsin Lemon Law attorney before your Wisconsin Lemon Law rights to do so expire.