Did you recently purchase a new vehicle, only for it to develop serious or recurring defects that the dealer has repeatedly failed to fix? Wisconsin’s lemon law exists precisely for situations like yours, and it may entitle you to significant compensation, including a full refund or a replacement vehicle.
Here is what you need to know about lemon law compensation and what is actually on the table.
What Qualifies as a Lemon in Wisconsin?
Wisconsin law defines a lemon as a new motor vehicle with a defect that substantially impairs its use, value, or safety, and that the dealer cannot fix. Your vehicle qualifies if:
- The dealer has failed to repair the same defect at least four times.
- The vehicle has been out of service for at least 30 cumulative days, all within the first year of ownership or before the warranty expires, whichever comes first.
Types of Compensation You Can Receive
State lemon law in Wisconsin gives you two primary remedies in a lemon law case:
- Full refund – With this option, the manufacturer must refund you the full purchase price of the vehicle, including sales tax, finance charges, any amount you paid at the point of sale, plus collateral costs such as alternative transportation. The manufacturer may deduct a mileage-based “reasonable allowance for use.” Manufacturers calculate this deduction by dividing the number of miles on the vehicle at the time you first reported the defect by 100,000 (20,000 for motorcycles), then multiplying that figure by the purchase price.
- Comparable replacement vehicle – With this option, the manufacturer must provide a new replacement vehicle of similar trim and options. If the manufacturer cannot deliver a replacement within 45 days, you get a full refund instead, with no mileage deduction.
What Happens to Your Legal Fees in a Lemon Law Case?
If a court rules in your favor in a lemon law lawsuit, it must award you compensation for your economic losses, related costs, and reasonable attorney fees, in addition to a refund or replacement vehicle. The manufacturer pays. That means you can have our experienced Wisconsin lemon law lawyers handle your lemon law case without having to pay anything out of pocket if you win.
What Affects How Much You Can Recover?
A few factors can influence the outcome of a lemon law settlement or court award, including:
- The mileage on your vehicle when you first reported the defect – Accumulated mileage directly affects any use deduction the manufacturer might take from your refund.
- The strength of your repair records – Detailed documentation of every service visit gives your lemon law case a stronger foundation.
- Whether the manufacturer cooperated or stonewalled – the court has the authority to impose sanctions or enter default judgments against uncooperative manufacturers.
Contact LawtonCates Today for a Free Consultation
If you think you have a defective vehicle, do not wait to get legal help. You have limited time from the date of vehicle delivery to act. The sooner you get an experienced lemon law attorney involved, the better.
LawtonCates has been fighting for Wisconsin consumers for over 65 years. Our experienced lemon law lawyers do not back down from car manufacturers or other large corporations. Contact us today to arrange your free, no-obligation consultation and learn more about how we can help you hold your vehicle’s manufacturer accountable.
