Quite simply stated - If your vehicle qualifies as a lemon, the manufacturer has an obligation to replace it or refund your money.

Under the Wisconsin Lemon law, a vehicle will qualify as a lemon if it meets the following criteria:

• The vehicle must be a car, truck, motorcycle or motor home which was purchased in Wisconsin.
• It must have a defect which seriously affects the use, value or safety of the vehicle and that defect must be covered under the manufacturer’s warranty.
• The manufacturer must have been unsuccessful in four or more attempts to repair the problem.
• A vehicle will also qualify if it has been out of service for 30 or more days for repairs.
• The vehicle must be less than one year old. There is no mileage limit.
• The vehicle must have been purchased in Wisconsin.

Should a vehicle qualify, the owner is entitled to a choice of a comparable replacement vehicle or a refund of the purchase price. That refund must include the full purchase price, plus sales tax, finance charges, and any incidental costs for towing, rental car, etc. The manufacturer may deduct an allowance for miles driven and wear and tear on the vehicle. Vehicles that are replaced with a new one are not subject to an adjustment for miles driven.

Owners can get a copy of the Motor Vehicle Lemon Law Notice to notify their manufacturer of their complaint. The state highly recommends the use of this form as it contains the complete wording that owners are required to present to the manufacturer in order to fully comply with the terms of the lemon law.

Most manufacturers have an arbitration program through which owners can seek relief. If the manufacturer offers an arbitration program within the state, you are obligated to use it. This arbitration program must be certified by the Wisconsin Department of Transportation. The decision of the arbitrator is binding upon the manufacturer, but not on the vehicle owner. Should the arbitration ruling not be in your favor, you may elect to sue in a court of law. Similarly, should the manufacturer offer no help whatsoever, you may sue. Should you sue and win, you may be eligible to collect up to twice the value of the new vehicle. The State of Wisconsin strongly recommends that you talk to an attorney regarding this option.

Since arbitration is not binding, owners are encouraged to use it. The idea of arbitration is that it dramatically speeds up the process of resolving defective vehicle complaints. It is a far faster process than taking a claim to court, where even obtaining a court date could take months.

Owners of vehicles with recurrent problems are urged to maintain thorough documentation related to every repair or visit to the dealer. This should include all copies of work orders and notes regarding conversations with managers or mechanics.

If you are having concerns with your automobile, truck or van, you may find that you need legal assistance. LegalMatch can help locate an experienced attorney near your home. Confidentiality is secure, all attorneys are licensed, and there is no charge to inquire.

For more information on the Wisconsin Lemon Law, see their home page.