Purchasing a new vehicle is a significant investment. When the new motor vehicle turns out to be defective, it can be frustrating and costly. If you find yourself repeatedly returning to the dealership for the same problem, you may have bought a lemon.
Wisconsin’s Lemon Law provides strong protections for consumers who purchase defective motor vehicles. There are specific requirements that must be met before you can pursue a Lemon Law claim. Knowing when you qualify to file a Lemon Law claim can help you take the right steps toward obtaining a refund or replacement vehicle.
At LawtonCates, our team has extensive experience helping clients navigate Lemon Law eligibility and securing favorable outcomes. Contact us now for a free consultation to find out if you are eligible for filing a Lemon Law claim in Wisconsin.
What Qualifies as a Lemon Under Wisconsin Law?
A lemon is a vehicle purchased new that has significant manufacturing defects that substantially impair its use, safety, or value. The defect must arise while the vehicle is still under the manufacturer’s warranty. Minor cosmetic issues, such as paint peeling or rattling interior trim, usually do not qualify. Instead, the problem must be severe enough to limit regular use or create safety concerns.
Common defects that may qualify a vehicle as a lemon include problems with the brakes, engine, transmission, steering system, or suspension. Such issues prevent reliable operation. For instance, brake failures after multiple repair attempts may meet the standard under Wisconsin law. An engine that stalls without warning or a transmission that slips out of gear may also qualify.
Eligibility Criteria for Filing a Lemon Law Claim
To file a Lemon Law claim in Wisconsin, several conditions must be met. The vehicle must have been purchased or leased new in Wisconsin. Used vehicles generally do not qualify, though other legal remedies may exist.
The defect must be reported within the first year of ownership or before the manufacturer’s warranty expires, whichever comes first. Prompt reporting is essential, as delays can affect eligibility.
You must allow the manufacturer or an authorized dealer a reasonable number of repair attempts. Wisconsin law typically requires at least four attempts to address the same defect. If the defect could cause death or serious bodily injury, one attempt may be enough.
A claim may also be supported if the vehicle is out of service for 30 or more cumulative days for related repairs. Written notice to the manufacturer and a final opportunity for repair are required.
Vehicles and Situations That May Qualify
Wisconsin’s Lemon Law covers a wide range of new vehicles, including cars, trucks, motorcycles, and motor homes purchased or leased mainly for personal, family, or household use. Some business-use vehicles may also qualify if they meet specific weight and usage limits.
Leased vehicles have the same protections as purchased vehicles when eligibility requirements are met. Claims may arise from persistent mechanical defects that remain unfixed after multiple repair attempts or when a vehicle spends excessive time in the shop.
Safety-related defects, such as brake, steering, or airbag failures, are treated with greater urgency and may require fewer repair attempts before qualifying.
When a Vehicle May NOT Qualify
Not every vehicle problem qualifies under Wisconsin’s Lemon Law. Understanding the law’s limits is critical. Minor cosmetic issues, such as loose buttons, broken cup holders, or small paint chips, likely would not qualify because they do not substantially impair the vehicle’s use, value, or safety.
Vehicles with defects resulting from abuse, neglect, or unauthorized modifications are also excluded, as manufacturers are only responsible for manufacturing defects. Used vehicles generally do not qualify unless they remain under the original manufacturer’s warranty.
Vehicles purchased or leased from a motor vehicle dealer outside Wisconsin are typically ineligible, even if the purchaser is a Wisconsin resident. However, you could have options under federal lemon laws like the Magnuson-Moss Warranty Act.
Finally, failing to allow a reasonable number of repair attempts or to provide proper written notice could disqualify an otherwise valid claim.
Steps to File a Lemon Law Claim in Wisconsin
If you believe your vehicle qualifies as a lemon, taking the right steps early matters. Careful action helps protect your rights and strengthens any future claim. Here are some things you can do to set the stage for a Lemon Law claim:
- Document everything, including repair orders, receipts, and all dealer or manufacturer communications.
- Notify the manufacturer in writing, clearly describing the defect, repair history, and requesting a refund or replacement under the Lemon Law.
- Allow one final repair attempt and keep detailed records of the visit.
- If the issue remains unresolved, file a formal claim.
- Get help from our Lemon Law attorneys as early as possible in the process.
How a Wisconsin Lemon Law Attorney Can Help
Handling Lemon Law claims can be complex, but strong legal representation can directly affect the outcome. At LawtonCates, our attorneys have decades of experience handling Lemon Law and vehicle-related cases across Wisconsin. We take a firm approach with manufacturers who attempt to reject valid claims.
Our Lemon Law attorneys prepare each case as if it will go to trial, supported by detailed records and technical evidence. Our approach is backed by a long history of results in vehicle, consumer, and fraud-related litigation, including:
- $110,000 settlement for illegal car collection efforts
- $80,000 settlement against Nissan Motor Acceptance Corporation for illegal repossession tactics
- $73,000 settlement against a car dealer for falsifying a credit application
- $179,000 award against a lender for unlawful collection practices
Founded in 1958, LawtonCates serves clients throughout South Central Wisconsin, including Dane, Jefferson, Rock, Sauk, Green counties, and Milwaukee.
Common Mistakes to Avoid in Lemon Law Cases
When pursuing a Lemon Law claim, certain mistakes can seriously weaken or disqualify your case.
- Failing to keep detailed repair records and written communications makes it difficult to prove eligibility.
- Waiting too long to report the defect can also cost you, since claims must be raised within the warranty period or the first year.
- Relying on verbal complaints instead of a formal written notice is another common error.
- Handling the claim without legal help puts you at a disadvantage against manufacturers and their legal teams.
Contact LawtonCates for a Free Lemon Law Review
If you suspect your vehicle is a lemon and you meet the Lemon Law eligibility requirements, do not hesitate to seek legal guidance. At LawtonCates, we offer free consultations to review your situation and advise you on the best course of action.
Our attorneys serve clients throughout Wisconsin and are committed to providing personalized attention and dedicated legal service. Contact us today to discuss your Lemon Law claim with an experienced Wisconsin Lemon Law attorney who will fight tirelessly for your rights.