Wisconsin Lemon Law Statutes...
Wisconsin Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to Wisconsin consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV's, boats, computers and other consumer appliances and products. To qualify under the Wisconsin Lemon Law or the Federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer's factory warranty. Lemon Law compensation can include a refund, replacement or cash
Wisconsin State Statutes
218.0171(1)(f), Wis. Stats.)
Wisconsin law, a nonconformity is a condition or defect
which (1) substantially impairs the use, value or safety of
a motor vehicle and (2) is covered by an express warranty
applicable to the vehicle or a component of the vehicle;
nonconformity does not include a condition or defect which
is the result of abuse, neglect or unauthorized modification
or alteration by the consumer.
A condition or defect that substantially impairs the use,
value or safety of a vehicle must be more than a minor
annoyance or inconvenience. However, the consumers vehicle
need not have been undriveable for the nonconformity to
substantially impair its use, value or safety. Also, the
nonconformity may substantially impair use, value or safety
even if the vehicle was able to provide simple
Wisconsin law requires a manufacturer or its authorized
dealer to repair nonconformities.
Duty to Replace or Refund (relief pursuant to sec.
218.0171(2)(b), Wis. Stats.)
Wisconsin law requires a manufacturer to provide the
consumer with a comparable new motor vehicle or a refund if,
within the term of the warranty or within one year after
delivery, whichever is sooner, either:
The same nonconformity was made available for repair to the
manufacturer or any of its authorized dealers at least four
times and the nonconformity continued after the fourth time
the vehicle was made available for repairs; or
The vehicle was "out of service" for an aggregate
of at least 30 calendar days because of any nonconformities
("out of service" is not limited to only those
periods in which the vehicle is unavailable to the consumer;
it includes those periods when the vehicle is not capable of
rendering service as warranted due to a nonconformity, even
though the vehicle may be in the possession of the consumer
and may still be driven in spite of the nonconformity).
The "same nonconformity" means the identical or
substantially similar condition(s) or defect(s). A
nonconformity is made "available for repairs"
regardless of whether any repairs were actually attempted by
the manufacturer or its authorized dealers. Also a
nonconformity is made available for repairs regardless of
whether any nonconformity was verified at the time by the
manufacturer or authorized dealer.
If repairs are not made and the consumer thereafter
continued to give the manufacturer or its authorized dealers
an opportunity to repair the nonconformity(ies), the 30-day
clock starts running from the date of that initial failed
repair opportunity. As long as there exists notice and
opportunity to repair with respect to a nonconformity, the
30-day clock runs.
Duty to Repair (alternative relief pursuant to sec.
218.0171(2)(a), Wis. Stats.)
If a new vehicle does not conform to an applicable express
warranty, and the consumer reports the nonconformity and
makes the vehicle available for repair to the manufacturer
or any of the manufacturers authorized dealers, before the
expiration of the warranty or within one year after delivery
- whichever is sooner, the nonconformity must be repaired.
If the nonconformity is not repaired, the consumer is
entitled to recover his or her pecuniary loss.
Enforcement (sec. 218.0171(7), Wis. Stats.)
If the manufacturer fails to replace or refund, or repair,
as applicable, within a timely manner, the lemon law is
violated and the consumer may file a lawsuit. A consumer who
prevails is entitled to recover double damages, as well as
attorneys fees and litigation costs.