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Wisconsin Lemon Law offers protection for consumers who buy and lease new vehicles (including cars, trucks, motorhomes and motorcycles). The Wisconsin Lemon Law provides different options/relief to the consumer.
The Wisconsin Lemon Law requires a manufacturer or its authorized dealers to repair nonconformities with vehicles (including cars, trucks, motorhomes and motorcycles). Under the Wisconsin Lemon Law, a nonconformity is a condition or defect which substantially impairs the use, value or safety of a motor vehicle (including cars, trucks, motorhomes and motorcycles) and 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.
The Wisconsin Lemon Law provides that a condition or defect that substantially impairs the use, value or safety of a vehicle (including cars, trucks, motorhomes and motorcycles) must be more than a minor annoyance or inconvenience. However, under the Wisconsin Lemon Law, the consumer's vehicle need not have been undriveable for the nonconformity to substantially impair its use, value or safety. A nonconformity may substantially impair use, value or safety under the Wisconsin Lemon Law even if the vehicle was able to provide simple transportation to the consumer.
The Wisconsin Lemon Law imposes a duty to replace or refund if certain conditions are met. Specifically, the Wisconsin Lemon Law requires a manufacturer to provide the consumer with a comparable new motor vehicle (including cars, trucks, motorhomes and motorcycles) 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 by the consumer at least four times and the nonconformity continued after the fourth time the vehicle (including cars, trucks, motorhomes and motorcycles) was made available for repairs.
- The vehicle (including cars, trucks, motorhomes and motorcycles) was "out of service" for an aggregate of at least 30 calendar days because of any nonconformities (under the Wisconsin Lemon Law "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).
Under the Wisconsin Lemon Law, the "same nonconformity" means the identical or substantially similar condition(s) or defect(s). A nonconformity is made "available for repairs" by the consumer under the Wisconsin Lemon Law regardless of whether any repairs were actually attempted by the manufacturer or its authorized dealers. Also a nonconformity is made available for repairs by the consumer under the Wisconsin Lemon Law regardless of whether any nonconformity was verified at the time by the manufacturer or authorized dealer.
If the repairs are not made and the consumer thereafter continues to give the manufacturer or its authorized dealers an opportunity to repair the nonconformity(ies), the Wisconsin Lemon Law provides that 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 under the Wisconsin Lemon Law.
As an alternative claim under the Wisconsin Lemon Law, if a new vehicle (including cars, trucks, motorhomes and motorcycles) 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, pursuant to the Wisconsin Lemon Law.
If the manufacturer fails to replace or refund, or repair, as applicable, within a timely manner, the Wisconsin Lemon Law is violated and the consumer may file a lawsuit. A consumer who prevails under the Wisconsin Lemon Law is entitled to recover double damages, as well as attorney fees and litigation costs.
We have successfully represented clients throughout the entire state of Wisconsin. Your Wisconsin location is not a limitation for us.
We realize the Wisconsin Lemon Law is very technical. If you have a question as to whether your consumer vehicle (including cars, trucks, motorhomes and motorcycles) may qualify for relief under the Wisconsin Lemon Law, call Jastroch & LaBarge, S.C. for a FREE telephone consultation regarding the Wisconsin Lemon Law at 262/547-2611 (in the Milwaukee Metro Area) or 877/635-6220 (toll free outside of the Milwaukee Metro Area).
If you have had problems with your vehicle, it may be a lemon.
