Wisconsin Lemon Law
Legal Article GuideBy: George Chernikov
Lemon law in Wisconsin applies both to purchased and leased vehicles. In the event that the car you purchased turns out to be a lemon as defined by Wisconsin lemon law, the manufacturer is obliged to either replace the vehicle free of charge or provide you with a full refund (minus the amortization allowance for accrued mileage).
It should be noted that lemon laws in the United States differ from state to state and therefore the specific provisions of the Wisconsin lemon law may not be entirely applicable to the lemon law in Ohio, Texas or Missouri. Therefore, while this article deals primarily with lemon law in Wisconsin, it should be understood that you should consult with the specific provisions lemon law in your own state before seeking compensation.
Wisconsin lemon law defines a vehicle as a “lemon” if the defect in the car has prevented you from using the vehicle for at least 30 days (not necessarily consecutive). Alternatively, a vehicle is also defined as a “lemon” if the malfunction cannot be fixed after four attempts by the dealer. In order to be eligible for seeking restitution under Wisconsin lemon law, your case must meet the following criteria:
The vehicle must purchased or leased in Wisconsin The vehicle must be a motorcycle, motor home, car or truck The vehicle began exhibiting signs of malfunction within the first year after purchase The vehicle began exhibiting signs of malfunction before the warranty expired The vehicle’s defects seriously impair the vehicle’s use, safety or value Within the first year and before the warranty expired, the dealer either failed to repair the defect after making four attempts, or the vehicle was out of order for at least 30 days (not necessarily consecutive) due to these defects
Wisconsin lemon law differentiates between minor and major malfunctions – in order to be eligible for compensation under the local lemon law, your vehicle must have a serious malfunction that is also covered by the warranty. On the bright side, Wisconsin lemon law does not set a specific deadline within which your claim must be filed – instead, it is up to the court to decide whether your case is too old to be accepted or not.
If you feel that you may have a lemon on your hands and would like to pursue your case in accordance with Wisconsin lemon law, consulting with an attorney is probably the best thing you can do if contacting the manufacturer directly fails. To ensure that you have sufficient evidence to substantiate your legal claim, make sure that you always keep receipts of repair orders, even if no actual repairs have been made.
George Chernikov belives that the Internet is the future of commerce as well as information. One of his websites provides additional information about lemon law and can be found at http://wisconsin-lemon-law.info.
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