How does the lemon law process work in Wisconsin?
Wisconsin's lemon law is notable for its strict 30-day manufacturer deadline and its double-damages penalty for noncompliance.
1. Governing Statute
Wis. Stat. § 218.0171 (Lemon Law). Consumer assistance through the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) and the Wisconsin Attorney General.
2. Coverage
Covers new motor vehicles purchased or leased in Wisconsin and used for personal, family, household, or agricultural purposes, including motorcycles. Demonstrators and leased vehicles are covered. Mopeds, semi-trailers, trailers, and vehicles used primarily for business (other than agricultural) are excluded. Motor homes are covered.
3. Lemon Presumption
Under § 218.0171(1)(h), presumption applies if within 1 year from delivery (or the warranty term, whichever first): (a) the same nonconformity has been subject to repair 4 or more times, or (b) the vehicle is out of service for repair 30+ cumulative calendar days.
4. Notice to Manufacturer
The consumer must give the manufacturer written notice by mail of the request for refund or replacement, along with a Lemon Law Notice form and odometer statement. The manufacturer then has 30 days to comply (§ 218.0171(2)(b)).
5. Manufacturer's Buy-Back / Replacement
At the consumer's option, manufacturer must replace with a comparable new vehicle or refund the full purchase price including all collateral costs (taxes, license, registration, dealer add-ons, finance charges) minus a reasonable allowance for use (statutory formula: price x miles to first report / 100,000).
6. Arbitration
Wisconsin does not require manufacturer informal dispute resolution. Consumers may use it voluntarily; some manufacturers participate in BBB AUTO LINE. State arbitration through DATCP is informal.
7. Lawsuit & Fee-Shifting
A prevailing consumer recovers double damages, plus reasonable attorney's fees and costs (§ 218.0171(7)). This double-damages provision is rare and powerful. Parallel claims under Magnuson-Moss (15 U.S.C. § 2310(d)) and Wisconsin's Deceptive Trade Practices Act (§ 100.18) are common.
This is legal information, not legal advice.
- Manufacturer missed the 30-day refund/replacement deadline (double damages)
- Agricultural-use vehicle classification dispute
- Lease vehicle and lessor refuses to release title
- Wis. Stat. § 218.0171 (Lemon Law)
- Wis. Stat. § 100.18 (Deceptive Trade Practices Act)
- 15 U.S.C. § 2301 (Magnuson-Moss)
- 16 CFR Part 703
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.