Lemon Law in Madison, WI
Few things are more frustrating to Madison consumers than bringing home a new car, only to find that it is unsafe or defective. A major purchase such as a car should be conducted in good faith, but this is not always the case. If you are facing such a situation, you can exercise your rights through Wisconsin’s Lemon Laws. However, you may want to seek the counsel of an experienced Madison lemon law attorney to make sure you can exercise your rights.
What Is a Lemon Law?
Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any Madison, Wisconsin lemon law to apply, the automobile must suffer from a defect. This problem should be outside the purchaser’s control, like a manufacturer issue. Furthermore, lemon laws apply if a certain number of reasonable repairs happened to the vehicle in question to no avail.
When Do Madison, Wisconsin Lemon Laws Apply?
There are some common practices that you can take that better position you in citing lemon law:
- You should only take the vehicle in question to the corresponding dealership for repairs. By taking it there, you establish credibility by showing the responsible party attempted to address the issue. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot become held liable for any attempts made to fix the problem.
- Be sure to keep accurate and detailed records of any repairs made. If your case goes to trial, have accurate logs that detail the manufacturer’s opportunities to fix the mechanical issues. This detail also helps build a timeline of how long you could not use your vehicle.
Lemon law statutes vary by state. You should research the lemon law requirements in Wisconsin to ensure you remain within the legal confines.
The Wisconsin Department of Transportation states that if a Madison dealer or manufacturer has failed 4 times in an attempt to repair a defect with your new car, then you can legally designate your car a lemon. This protection extends to cars, trucks, motorcycles, and motor homes. However, mopeds, trailers, and tractors are not covered by lemon laws.
How Do You Ensure the Application of Lemon Laws?
Lemon law statutes vary by state. You should research your particular state’s lemon law requirements to ensure that you remain within the legal confines of any claim you wish to forward. There are some common practices that you can take in Madison that better position you in citing lemon law:
- You should only take the vehicle in question to the corresponding dealership for repairs. By taking it to the dealership, you establish a credible paper trail showing that the responsible party attempted to address the issue at hand. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot be held liable for any attempts made to fix the problem.
- Be sure to keep accurate and detailed records of any repairs made. If your case goes to trial, having accurate records detail the manufacturer’s opportunities to fix the mechanical issues. This also helps build a timeline of how long you could not use your vehicle.
What Are Consumers Entitled?
You have a legal entitlement to a replacement vehicle or refund if , Wisconsin lemon laws apply. However, manufacturers may deduct a fee in proportion to the miles the owner put on the car or truck before it became unusable. This compensation should include:
- Down payment
- Car rentals
- Monthly payments
- Tow expenses
- Attorney costs
Do Lemon Laws Apply to Used Vehicles?
Lemon laws can apply to used vehicles. However, this is for written warranties distributed along with the vehicle upon sale. Often, a used car dealership sells vehicles with a portion of the guarantee remaining. This situation incentivizes the purchase and (allegedly) puts the buyer’s mind at ease.
According to Wisconsin Statutes, there is no protection for Madison residents that purchase used cars. Used cars are sold on an “as is” basis. However, you may be able to seek relief under the Magnuson-Moss Warranty Act.
When Should You Hire a Qualified Madison, Wisconsin Lemon Law Attorney?
Have you attempted to have your vehicle repaired at the dealership? Consumers should consider legal action when it doesn’t work for 30 days. If you can’t resolve the issue with the manufacturer, it may be time to bring in a , Wisconsin lemon law attorney.
How Does the Lemon Law Litigation Process Work?
Consumers can expect to go through a series of motions by bringing in an experienced Madison lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most lemon law attorneys, you can expect the following:
- Free Case Evaluation – Attorneys should review your case for free. They will determine its merit and whether you have a justifiable claim.
- Filing Your Claim – Your Wisconsin legal representative should handle filing a claim with the manufacturer after determining the facts.
- Further Action – Your vehicle’s manufacturer may refuse to comply with the claim under federal and state statutes. Then your attorney files suit to seek entitled compensation on your behalf.
- Pursuing Settlement – The manufacturer should cover all costs and fees if you achieve a settlement before trial. This compensation will often include attorney fees.
- Contingency Fee Basis – At the end of the ordeal, clients should not have to pay for attorney’s fees. Even if you ultimately lose your case, a reputable Madison law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.
If you have exhausted all other options, you may have to file in court to force a dealer or manufacturer to comply with the law. If this is the case you will either file with the Dane County Circuit Court, or the Dane County Small Claims Court. Your Madison lemon law attorney can help you decide which is appropriate for your case.
Work With an Experienced Local Lawyer In Madison, Wisconsin.
Do you need immediate help? Then one of our experienced lawyers in Madison can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across Wisconsin state lines!
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!