Wisconsin Lemon Law

By Author: danielaiden
Total Articles: 19
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Under Wisconsin Lemon Law You May Be Entitled To Twice the Damages

The Wisconsin Lemon Law is a statutory form of recovery which became effective on November 3, 1983. The Wisconsin Lemon can apply to new vehicles, used vehicles purchased within the written warranty period and leased vehicles with a serious mechanical problem that was purchased or leased in Wisconsin. The Wisconsin Lemon Law states that the mechanical problem should be first reported to the manufacturer or authorized dealer within one year after the date of delivery or before the expiration of the warranty period.

The Wisconsin lemon law does not protect the following:

*The cosmetic flaws in a vehicle that do not impair the use, value or safety of the vehicle
*Nonconformities which are not covered by the manufacturer's warranty caused by an after sales item
*Characteristics like heavy steering on a vehicle without power steering
*Poor acceleration of a vehicle with a small engine
*Defects or nonconformities due to incorrect operation
*Defects occurred due to the negligence of the owner
...
... *Defects occurred as a result of an accident involving the vehicle
*Problems resulted from modification or repair performed by a non-authorized person or facility

To get the protection from the Wisconsin Lemon Law, the mechanical problem in the vehicle must

*Substantially impair its use, market value, or safety
*Render it nonconforming to the terms of an applicable manufacturer's warranty

The Wisconsin Lemon Law states that the vehicle is a lemon if

*It had been in the custody of the manufacturer or its authorized dealer for repairs over a cumulative period of 30 calendar days or more
*The nonconformity occurred and reported to the manufacturer or authorized dealer within one year after the date of delivery or before the expiration of the warranty period
*The manufacturer is given a reasonable number of (4) chances to repair the mechanical problem in your vehicle

The Wisconsin Lemon Law states that if the defect continues, or cannot be repaired at all:

*Contact the manufacturer in writing
*Demand relief referring to Wisconsin's Lemon Law because you believe that the vehicle is a lemon
*The manufacturer has 30 days to either provide a refund or a comparable new vehicle

In case the manufacturer fails to provide the appropriate relief the Wisconsin Lemon Law offers the other following recourses:

If the manufacturer has an arbitration program that complies with Wisconsin Department of Transportation rules:

*Submit the dispute to arbitration before starting a lawsuit
*The manufacturer is bound by the decision at arbitration
*You are not bound by the decision at arbitration if you are not happy with its outcome
*You can go ahead and file a lawsuit

If the manufacturer does not have arbitration program that complies with the Wisconsin Department of Transportation rules

*It is up to your discretion if you want to go through arbitration
*Unless you agree to the arbitration decision is not binding on you

If arbitration is not mandatory

*You may proceed to file a lawsuit directly

Under the Wisconsin Lemon Law you may be entitled to

*Refund of your purchase price and collateral costs minus a reasonable allowance for use
*A comparable new vehicle plus your collateral costs

Collateral costs are those expenses incurred in connection with the repair of the nonconformity and alternate transportation costs.

If the manufacturer does not respond to your request for relief within thirty days, and you go to court and you win, you may be entitled to double damages, costs of the lawsuit and reasonable attorney fees, plus any equitable relief the court deems appropriate.

Alternative protection afforded if your vehicle does not qualify under the Wisconsin Lemon Law

If your vehicle does not qualify for lemon law protection under the Wisconsin Lemon Law you may file a claim for misrepresentation, breach of warranty or breach of contract.

Contact a Wisconsin Lemon Law attorney to determine the best course of action for your situation. Keep all receipts and records concerning repairs to your vehicle. Note the purpose and date of all repairs along with the length of time your vehicle is in the shop. It is extremely important that you file with your Wisconsin Lemon Law attorney before your Wisconsin Lemon Law rights to do so expire.