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I Think I Have A Lemon. What Should I Do?

  • Get a repair order for every repair visit, even if the shop doesn`t diagnose the problem or attempt a repair. A repair order should show the problem you report, and the dates your car is in the shop.
  • Keep purchase contracts, warranties, and repair orders to prove you have a lemon. Don`t keep repair orders in your car where they may get lost.
  • We suggest you use the Wisconsin Department of Transportation (WisDot) Motor Vehicle Lemon Law Notice form to ask the manufacturer for a refund or replacement vehicle. Send the form to the manufacturer at the address in your owners manual. Your refund should include the full purchase price, sales tax, any finance charge, and collateral costs (for example, repairs, towing, alternative transportation), minus the mileage deduction allowed by law. If you get a replacement vehicle, the manufacturer should refund your collateral costs and charge nothing for mileage.
  • If you return to the manufacturer a vehicle that has missing equipment or unrepaired damage beyond normal wear and tear, a manufacturer may want to negotiate a damage deduction. You should not be responsible for paying for normal wear and tear, such as minor dents, scratches, pitted glass, soiled carpets, minor stains or tears. Feel free to have the damage appraised at a location you choose, or to have it repaired rather than paying a deduction.
  • If you don`t get a refund or replacement by writing the manufacturer, consider using your manufacturer`s arbitration program. If your manufacturer has a program certified by WisDOT, you must use it before you can sue under the Lemon Law. If your manufacturer`s program is not certified, you do not have to use it. However, if you do use it, you might get a decision you like. You can reject any decision you don`t like. See the list of arbitration programs listed in the next question.
  • Talk to an attorney if the manufacturer doesn`t help you. A court may need to decide if your vehicle is a lemon and what settlement you deserve. If you sue the manufacturer and win, you could get double the vehicle purchase price, plus other costs and attorney fees. To find an attorney who handles Lemon Law cases, contact the State Bar of Wisconsin Attorney Referral Service toll­free at (800) 362­9082, or at (608) 257­4666.

Other Wisconsin Lemon Law FAQs

  • Q: What Is A Lemon?
    A: A new vehicle that is no more than a year old and still under warranty is a lemon if it has a serious defect the dealer can`t fix in four attempts, or if it has one or … More
  • Q: What Defects Are Covered?
    A: A defect covered by the Lemon Law must seriously affect the use, value or safety of your vehicle and must be covered by the warranty. An irritating rattle may not be … More
  • Q: What Vehicles Are Covered Under The Lemon Law?
    A: The law covers any new car, truck, motorcycle or motor home you buy or lease in Wisconsin, even if you register the vehicle in another state. It also covers a … More
  • Q: What Is The Term Of Protection?
    A: The Lemon Law includes no deadline for filing a Lemon Law suit; a court would decide if your case were too old. Some attorneys maintain that the limit would be six or … More
  • Q: Is My Vehicle A Lemon?
    A: Your vehicle is a lemon if all of the following statements are true: You bought or leased a vehicle in Wisconsin. The vehicle is a car, truck, motorcycle or motor … More
  • Q: Who Can I Call For Help?
    A: Wisconsin Department of Transportation`s Dealer Section licenses and regulates dealers and manufacturers and helps resolve disputes about vehicle sales and warranties. … More

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