What Is the Lemon Law in Wisconsin?
Wisconsin’s Lemon Law protects consumers who purchase new vehicles with substantial defects. If your vehicle does not conform to the warranty and cannot be repaired after a reasonable number of attempts, you may be entitled to a replacement vehicle or a full refund.Â
Under Wisconsin law, the following conditions must be met:
- The vehicle cannot be repaired after four or more attempts, or it has been out of service for a total of 30 days within the first year of delivery.
- The defect must arise within the first year after purchase, regardless of the mileage.
The statute of limitations for filing a Lemon Law claim in Wisconsin is three years from the date of delivery.
The vehicle must be a new car, truck, motorcycle, or motor home purchased in Wisconsin.
The vehicle must still be under the manufacturer’s original warranty when the issues occur.
The vehicle must have a serious defect that impairs its use, safety, or value.
The manufacturer must be given a reasonable opportunity to fix the defect. This includes at least four unsuccessful repair attempts.
The defect must occur within the first year after the vehicle’s delivery to the owner or before the warranty expires, whichever comes first.
How Does a Car Qualify for Lemon Law?
For your vehicle to qualify under Wisconsin's Lemon Law, the following conditions must be satisfied:
- The vehicle must be covered by the manufacturer’s warranty at the time of the defect.
- You must have purchased the vehicle in Wisconsin.
- The vehicle must primarily be used for personal, family, or household purposes.
Watch Attorney Emma Robison explain Wisconsin’s Lemon Law:
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Wisconsin Lemon Law Requirements
- The defect must arise within one year of the vehicle’s delivery.
- You must have allowed the manufacturer or dealership at least four attempts to fix the issue, or the vehicle must have been out of service for 30 or more cumulative days during the first year.
- The defect must substantially impair the vehicle’s use, value, or safety.
Are Used Cars Covered Under Wisconsin Lemon Law?
Wisconsin's Lemon Law applies primarily to new vehicles. However, used vehicles may still be covered under other consumer protection laws, such as the Magnuson-Moss Warranty Act, which offers protection for consumers of used vehicles still under warranty.Â
Act quickly if you encounter an issue, as time and documentation are crucial.
Used Car Lemon Law Requirements
Although the Lemon Law does not cover used cars, Wisconsin law requires dealerships to honor any warranties or service agreements. The Magnuson-Moss Warranty Act may also provide protection if the defect occurs within the warranty period, and the dealership fails to repair the problem after a reasonable number of attempts.
Breach of Warranty
If your vehicle falls outside the scope of Wisconsin’s Lemon Law but is still covered under a manufacturer’s or dealer’s warranty, you may be able to file a breach of warranty claim under the Magnuson-Moss Warranty Act. This federal law requires manufacturers to honor their warranties.Â
A breach of warranty claim may be valid if:
- Your vehicle has been taken to the dealership for the same problem at least three times, or
- The vehicle has been out of service for 30 or more days due to repairs.
In such cases, you may be entitled to a replacement vehicle, a refund, or compensation for the diminished value of the vehicle.
Exceptions to Wisconsin Lemon Laws
Certain vehicles and situations are excluded from Wisconsin’s Lemon Law protections. These exceptions include:
- Leased or used vehiclesÂ
- Vehicles purchased primarily for business or commercial use.
- Defects caused by modifications, abuse, or neglect by the owner.
- Mopeds and off-road vehicles like ATVs.
- If the defect is not significant enough to impair the vehicle's use, value, or safety.
Leased vehicles are covered under the Wisconsin Lemon Law if they meet all the standard conditions for new vehicles.
Wisconsin Lemon Law FAQs
Wisconsin Lemon Law Cases
Cars with serious defects such as brake failures, engine malfunctions, and electrical issues have been repurchased or replaced under Wisconsin Lemon Law. Although every case is unique, timely action and proper documentation increase the likelihood of a favorable outcome.
Talk to an Experienced Wisconsin Lemon Law Attorney
Navigating a Lemon Law claim can be overwhelming, but with the help of a knowledgeable attorney, you can protect your rights. Contact us today for a free consultation and let our experienced team guide you through the process of securing the compensation or replacement vehicle you deserve.
Lemon Car Buyback & Refund Calculator
Use the calculator below to calculate an estimate for the amount you may be entitled to in the case of a repurchase.