Free Wisconsin Lemon Law FAQs | Free Wisconsin Lemon Law Legal Documents

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

Tue, 29 May 2007 21:19:00 GMT

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.

Is My Vehicle A Lemon?

Tue, 29 May 2007 21:19:00 GMT

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 home.
The vehicle developed a defect or defects during its first year and before the warranty expired.
The defect seriously harms the vehicle`s use, value or safety.
One of the following happened during the vehicle`s first year and before the warranty expired:
- The dealer failed four times to fix the same defect; OR
- The vehicle was out of service for 30 days or more due or more defects

What Defects Are Covered?

Tue, 29 May 2007 21:19:00 GMT

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 serious enough to make your car a lemon. Stalling probably is.

What Is A Lemon?

Tue, 29 May 2007 21:19:00 GMT

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 many defects that prevent you from using it for 30 days or more (the 30 days need not be consecutive).

What Is The Term Of Protection?

Tue, 29 May 2007 21:19:00 GMT

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 seven years after purchase; however, some attorneys may be reluctant to handle cases over four years old.

What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

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 demonstrator or executive vehicle, but does not cover other used vehicles. The law also does not cover mopeds or trailers.

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

All vehicles except mopeds, semitrailers or trailers designed for use in combination with a truck or truck tractor.

4 repair attempts or 30 days out of service

Warranty period or 1 year.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Who Can I Call For Help?

Tue, 29 May 2007 21:19:00 GMT

Wisconsin Department of Transportation`s Dealer Section licenses and regulates dealers and manufacturers and helps resolve disputes about vehicle sales and warranties. Contact the Dealer Section if you have a complaint against a dealer or manufacturer.

The Dealer Section won`t resolve your Lemon Law complaint for you, but it will give you more information about using your Lemon Law rights.

Dealer Section
Wisconsin Department of Transportation
P.O. Box 7909
Madison, Wisconsin 537077909
(608) 2661425
dealers.dmv@dot.state.wi.us

U.S. DOT Auto Safety Hotline
If you own a car or truck that you feel has a safety defect you should report the problem to the Hotline at the National Highway Traffic Safety Administration (NHTSA) of the U.S. Department of Transportation (DOT).

The DOT Auto Safety Hotline specializes in gathering information about safety problems in motor vehicles and equipment and is your chance to help identify these problems which sometimes lead to recalls. The Hotline can be dialed toll free at 1888DASH2DOT (18883274236) or you can now file your vehicle safety defect report online at http://www.nhtsa.dot.gov/hotline.

Manufacturer arbitration programs:
Arbitration is an informal way to resolve your complaint without going to court. Arbitrators—often volunteers from the community—decide your case based on information you and the manufacturer provide. If your manufacturer has an arbitration program certified by WisDOT, you must use it before suing under the Lemon Law. If it is not certified, you do not have to use it. In either case, arbitration is free, you don`t need a lawyer, and you don`t have to accept a decision you don`t like.

Certified by the State of Wisconsin:

BBB Auto Line
BBB Serving Wisconsin
10101 W. Greenfield Ave. Suite 125
Milwaukee, WI 53214
18009555100
(Audi, General Motors, Hyundai, Isuzu, Porsche, Saturn, Volkswagen)
(also noncertified for Acura, AM General, Geo, Honda, Infiniti, Kia, Lexus, Nissan, Subaru)

Dispute Settlement Board
P.O. Box 5120
Southfield, MI 480865120
(800) 4283718
(Ford, Lincoln, Mercury, Merkur)

Not Certified by the State of Wisconsin:

National Center for Dispute Settlement
2777 Stemmons Freeway, Ste 650
Dallas, TX 75207
(214) 6382700
(Chrysler, Dodge, Jeep, Plymouth, Toyota)

Free Lemon Law Attorney FAQs

Thu, 26 Nov 2009 04:23:44 GMT

Free Lemon Law Attorney FAQs