The Lemon Law in Wisconsin
Which vehicles Wisconsin's lemon law covers, how many repair attempts it takes, the remedy, and the rules for used cars.
Short answer: Wisconsin's lemon law covers new motor vehicles that must be registered in Wisconsin (including demonstrators and executive vehicles, but not mopeds or trailers), bought or leased in the state. Wis. Stat. § 218.0171
| New car lemon law | Wisconsin's lemon law covers new motor vehicles that must be registered in Wisconsin (including demonstrators and executive vehicles, but not mopeds or trailers), bought or leased in the state. If a defect that substantially impairs use, value or safety is reported and the vehicle is made available for repair before the warranty expires or one year after delivery, whichever is sooner, it must be repaired. A "reasonable attempt to repair" means, within that same period, the same defect has been subject to repair at least four times and continues, or the vehicle has been out of service at least 30 days because of warranty defects. If it is not fixed after a reasonable attempt and the consumer gives the manufacturer the required form, the manufacturer must, at the consumer's direction, replace the vehicle with a comparable new one and refund collateral costs, or take it back and refund the full purchase price plus sales tax, finance charges, amounts paid at sale and collateral costs, minus a use allowance (based on miles before the first report). Refunds are due within 30 days after the consumer offers to transfer title. Source: Wis. Stat. § 218.0171 |
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| How to file a lemon law claim | 1) Report the problem to the manufacturer, the lessor or any authorized dealer and make the vehicle available for repair before the warranty expires or within one year after first delivery, whichever is sooner. 2) Written election form: if the defect is not fixed after a reasonable attempt, the consumer gives the manufacturer the Wisconsin Department of Transportation's form electing either a refund or a comparable new vehicle (the forms are on the Department's website). For a refund, the manufacturer must pay within 30 days after the consumer offers to transfer title. For a replacement, the manufacturer must agree in writing within 30 days and provide the vehicle or a refund by the 45th day after receiving the form (120 days for heavy-duty vehicles). If the form is incomplete, the manufacturer may ask for more information within 30 days, and these time periods do not start until it is provided. 3) Arbitration: if a dispute settlement program certified by the Department of Transportation is available to the consumer, the consumer must use it before filing a lawsuit. The statute does not create a state-run arbitration program or set a consumer fee. 4) Deadline to sue: a lawsuit must be filed within 36 months after first delivery of the vehicle to a consumer. A consumer who wins is awarded pecuniary loss, costs, disbursements and reasonable attorney fees. Stats., published 10-1-26) and https://docs.legis.wisconsin.gov/document/statutes/218.0171. The Department of Transportation publishes an annual report on which programs are certified (§ 218.0171(4)(b)). A court may extend deadlines or reduce awards if a party fails to reasonably cooperate (§ 218.0171(7)(b)). |
Where to get help in Wisconsin
- Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), Bureau of Consumer Protection
- File a complaint or claim
More Wisconsin consumer protection
- Your Right to Cancel a Purchase in Wisconsin
- Contractors and Repair Shops in Wisconsin
- Filing a Consumer Complaint in Wisconsin
- All Wisconsin consumer protection rules
FAQ
How does the lemon law work in Wisconsin?
Wisconsin's lemon law covers new motor vehicles that must be registered in Wisconsin (including demonstrators and executive vehicles, but not mopeds or trailers), bought or leased in the state. If a defect that substantially impairs use, value or safety is reported and the vehicle is made available for repair before the warranty expires or one year after delivery, whichever is sooner, it must be repaired. A "reasonable attempt to repair" means, within that same period, the same defect has been subject to repair at least four times and continues, or the vehicle has been out of service at least 30 days because of warranty defects. If it is not fixed after a reasonable attempt and the consumer gives the manufacturer the required form, the manufacturer must, at the consumer's direction, replace the vehicle with a comparable new one and refund collateral costs, or take it back and refund the full purchase price plus sales tax, finance charges, amounts paid at sale and collateral costs, minus a use allowance (based on miles before the first report). Refunds are due within 30 days after the consumer offers to transfer title.
How do you file a lemon law claim in Wisconsin?
1) Report the problem to the manufacturer, the lessor or any authorized dealer and make the vehicle available for repair before the warranty expires or within one year after first delivery, whichever is sooner. 2) Written election form: if the defect is not fixed after a reasonable attempt, the consumer gives the manufacturer the Wisconsin Department of Transportation's form electing either a refund or a comparable new vehicle (the forms are on the Department's website). For a refund, the manufacturer must pay within 30 days after the consumer offers to transfer title. For a replacement, the manufacturer must agree in writing within 30 days and provide the vehicle or a refund by the 45th day after receiving the form (120 days for heavy-duty vehicles). If the form is incomplete, the manufacturer may ask for more information within 30 days, and these time periods do not start until it is provided. 3) Arbitration: if a dispute settlement program certified by the Department of Transportation is available to the consumer, the consumer must use it before filing a lawsuit. The statute does not create a state-run arbitration program or set a consumer fee. 4) Deadline to sue: a lawsuit must be filed within 36 months after first delivery of the vehicle to a consumer. A consumer who wins is awarded pecuniary loss, costs, disbursements and reasonable attorney fees.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.