Lemon Law in Wisconsin
Patch Media reports most motorists in Wisconsin spend $2,253 a year on car ownership.
Considering these expenses and the growing cost of vehicles, buying a lemon is a massive disappointment. It can also be an expensive mistake that the manufacturer or dealership should fix. Hiring a lemon law attorney is the next step when they will not take action.
What Is a Lemon Law?
Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any 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 Wisconsin Lemon Laws Apply?
Lemon laws only apply when the vehicle in question is under warranty. This restriction does not mean it has to have a new guarantee. There are often dealership warranties attached to certified used cars. Under the federal lemon law requirements, conditions must meet the following criteria:
- The manufacturer attempted to fix the issue on several occasions. Note that the number of conditions that merit a lemon law application can vary based on the court’s opinion.
- There have been attempts to address the issue(s) in question within the first two years of owning and operating the vehicle.
- The car has been out of service for at least 30 days. Note that the days do not have to be consecutive.
How Do You Ensure the Application of Lemon Laws?
There are some common practices that you can take that better position you when 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 be held liable for any attempts made to fix the problem.
- Keep accurate and detailed records of any repairs made. This way, 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 details what qualifies as a lemon under state law. First, the vehicle in question should be a motorcycle, truck, car, or motorhome. The following must also apply to the purchase of one of these automobiles:
- A defect appears within the first year of ownership or before the warranty period expires
- The value, safety, or general use suffers due to the problem at hand
- A dealership cannot resolve the issue after four repair attempts
- The automobile remains out of service for more than 30 days
What Exactly Are Consumers Entitled To Under Lemon Laws?
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
- Registration
- Taxes
- 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.
Wisconsin does not have legislation that deals directly with faulty used vehicles. Filing a dealer complaint might provide some relief. But, it may be even more worth your time to consult with a lawyer about the Magnuson-Moss Warranty Act.
When Should You Hire a Lemon Lawyer in Wisconsin?
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 an experienced 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 Wisconsin lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most Wisconsin 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 attorney’s fees. Even if you ultimately lose your case, a reputable Wisconsin law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.
Your lemon law case will likely be under the jurisdiction of a Wisconsin circuit court. Civil complaints for $5,000 to $10,000 may go to a small claims court.
Work With an Experienced Local Lemon Lawyer in Wisconsin
Do you need immediate help? Then one of our experienced lawyers in Wisconsin 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 lemon lawyer in Wisconsin!
If you would like to know more about other areas of law in Wisconsin then we’ve also got you covered!