MOTOR VEHICLE LEMON LAW

If you are having problems with a vehicle you purchased or leased new and the dealer has been unable to fix the problem, your rights are defined by Wisconsin’s Lemon Law.  Wisconsin’s Lemon Law is defined by Wis. Stats. § 218.015.  Generally, a Lemon Law claim can be made if:

1. You are the original owner of a vehicle; and
2. Nonconformities occur within the first year of ownership.
Wisconsin law defines a nonconformity as a condition or defect which:
1. Substantially impairs the use, value or safety of a motor vehicle;

2. Is covered by an express warranty applicable to the motor vehicle or to a component of the motor vehicle; and

3. Does not include a condition or defect which is the result of abuse, neglect or unauthorized modification or alteration of the motor vehicle by the consumer.

“Substantially impaired” means a condition or defect that significantly impairs the use, value or safety of a vehicle.  The condition or defect must be more than a minor annoyance or inconvenience.  However, the vehicle need not be undriveable for the condition or defect to be substantial.

A plaintiff can recover under Wisconsin’s Lemon Law if the manufacturer or its authorized dealers can not repair the nonconformity in four or more attempts.

A “reasonable attempt to repair” means:

1. The same nonconformity is presented to the manufacturer or its dealers for repair at least four times within the first year after delivery; and

2. The nonconformity is not fixed.

If you prevail under Wisconsin’s Lemon Law, you may receive twice the vehicle’s value plus costs, disbursements and reasonable attorneys fees.

If you have any questions regarding your rights, you should contact an attorney.