Wisconsin lemon law summary

Motor vehicle covered under the Wisconsin lemon law
The Wisconsin lemon law covers any motor driven vehicle that:

• Is registered in Wisconsin or is exempt from registration as a nonresident or foreign-registered vehicle
• A consumer purchases or accepts transfer of, in Wisconsin
• Demonstrator or executive vehicle but not mopeds, semitrailers or trailers designed for use in combination with a truck or truck tractor

The Wisconsin lemon law covers:

• The purchaser of a new motor vehicle if the vehicle is purchased from a dealer for purposes other than resale
• A person to whom the motor vehicle is transferred during the warranty period unless the vehicle is transferred for purposes of resale
• A person who may enforce the vehicle's warranty
• A person who leases a motor vehicle under a written lease

Nonconformity defined
A condition or defect that:

• Is covered by an express warranty of the manufacturer applicable to the motor vehicle or to a component of the motor vehicle
• Substantially impairs the use, value or safety of a motor vehicle

Nonconformity does not include a condition or defect that is the result of abuse, neglect or unauthorized modification or alteration of a motor vehicle by a consumer.

Manufacturer's obligation to repair
A nonconformity must be repaired if the consumer reports the nonconformity to the manufacturer, lessor, or the an authorized dealer, before the expiration of the warranty or one year after the vehicle's first delivery to the consumer, whichever is sooner and makes the vehicle available for repair.

Manufacturer's obligation to repurchase or replace
If after a reasonable attempt to repair the nonconformity continues to exist, the manufacturer must either repurchase the vehicle or, if the vehicle is owned, replace the vehicle.
The Wisconsin lemon law does not provide for replacement of a leased vehicle.

Criteria for reasonable number of repair attempts
Defined to have occurred if:

• Within the term of a vehicle's warranty or within one year after the vehicle's first delivery to a consumer, whichever is sooner
• The same nonconformity is subject to repair by the manufacturer, lessor or any of the manufacturer's authorized dealers at least four times and the nonconformity continues
• A nonconformity may be 'subject to repair' if the vehicle is presented to the dealership for repair
• The vehicle is out of service for an aggregate of at least 30 days because of warranty nonconformities
• A vehicle is out of service if it is not capable of rendering service as warranted due to a nonconformity, even though the vehicle is in possession of the consumer and is driven by the consumer, as long as the consumer provided notice and made the vehicle available for repair

Notice of nonconformity and final opportunity to repair
To receive a replacement or refund, a consumer must notify the manufacturer to request one of these remedies and must offer to transfer title of the motor vehicle to the manufacturer.

Refund Purchased Vehicle
Refund consists of:

• The full purchase price, not including any cash rebate
• Wisconsin Department of Transportation has advised that a 'full purchase price' is the purchase price as set out on the contract, without any adjustment for negative equity or trade-in over allowance
• Sales taxes paid by the consumer, as well as any other amounts paid by the consumer at the point of sale
• Finance charges incurred by the consumer
• Collateral costs, which are defined as expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining alternative transportation
• Less a reasonable allowance for the vehicle's use

When the manufacturer provides a refund, the consumer must return the nonconforming motor vehicle to the manufacturer and provide him with the certificate of title and all endorsements necessary to transfer title to the manufacturer.

Leased VehicleTo the lessor refund consists of the current value of the written lease

This is defined as:

• The total amount for which the lease obligates the consumer during the period of the lease remaining after its early termination
• The motor vehicle dealer's early termination costs, any expenses or obligation the lessor incurs as a result of early termination
• The value of the motor vehicle at the lease expiration date if the lease sets forth the value
• Less the motor vehicle lessor's early termination savings

To the lessee:

• The amount the consumer paid under the written lease
• Any sales tax and collateral costs incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining alternative transportation
• Less a reasonable allowance for the vehicle's use

When the manufacturer provides a refund, the consumer must return the nonconforming motor vehicle to the manufacturer. The lessor must provide him the certificate of title and all endorsements necessary to transfer title back to the manufacturer.

Replacement
Replacement is available for a purchased vehicle only, by a comparable new vehicle.
When the manufacturer replaces a vehicle, it must also refund any collateral costs incurred by a consumer in connection with the repair of nonconformity, including the costs of obtaining alternative transportation. When the manufacturer provides a replacement motor vehicle, the consumer must return the nonconforming motor vehicle to the manufacturer and provide the manufacturer with the certificate of title and all endorsements necessary to transfer title to the manufacturer.

Reasonable allowance applies to a refund only.

Refund of sales tax
Manufacturer refunds sales tax to the consumer.

Enhanced damages
A consumer who prevails in an action under the lemon law is awarded twice the amount of any pecuniary loss.

Attorney's fees:The court will award to a consumer who prevails in an action under the lemon law costs, disbursements and reasonable attorney fees, and any equitable relief the court determines appropriate.

This information is not intended as legal advice. Please direct your specific questions to K&M attorneys and know more about your lemon law rights in the state of Wisconsin. If you want to pursue your lemon law claim, call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation. Or submit your information online for your free case evaluation<.