WI Lemon Law Statutes

Wisconsin Lemon Law Qualifications

Vehicles Covered

The Wisconsin lemon law covers any motor driven vehicle that (1) is required to be registered or is exempt from registration as a nonresident or foreign - registered vehicle, and (2) a consumer purchases or accepts transfer of in Wisconsin. This includes a demonstrator or executive vehicle, but does not include mopeds, semitrailers, or trailers designed for use in combination with a truck or truck tractor.

The lemon law does not cover previously - owned vehicles.

Consumers Covered

The lemon law covers any of the following "consumers":

  • The purchaser of a new motor vehicle, if the vehicle was purchased from a dealer for purposes other than resale;
  • A person to whom the motor vehicle is transferred during the warranty period unless the vehicle is transferred for purposes of resale;
  • A person who may enforce the vehicle's warranty; and
  • A person who leases a motor vehicle under a written lease.

The lemon law does not cover a former lessee who purchases the vehicle at the expiration of the lease term.

Problems Covered

The lemon law covers vehicle "nonconformities." A nonconformity is defined as a condition or defect that (1) is covered by an express warranty of the manufacturer 3 applicable to the motor vehicle or to a component of the motor vehicle and (2) substantially impairs the use, value or safety of a motor vehicle. A nonconformity does not include a condition or defect that is the result of abuse, neglect, or unauthorized modification or alteration of a motor vehicle by a consumer.

Reasonable Number Of Repair Attempts

The Wisconsin lemon law defines :reasonable attempt to repair: as the occurrence of any of the following within the term of a vehicle's warranty or within one year after the vehicle's first delivery to a consumer, whichever is sooner:

  • The same nonconformity is subject to repair by the manufacturer, lessor, or any of the manufacturer's authorized dealers at least four times and the nonconformity continues. A nonconformity may be "subject to repair" if the vehicle was presented to the dealership for repair; or
  • The vehicle is out of service for an aggregate of at least 30 days because of warranty nonconformities. A vehicle is out of service if it is not capable of rendering service as warranted due to a nonconformity, even though the vehicle may be in possession of the consumer and may still be driven by the consumer, as long as the consumer provided notice and made the vehicle available for repair.

Wisconsin Arbitration Requirements

If a manufacturer participates in an informal dispute settlement procedure and that procedure has been certified by the Department of Transportation as complying with applicable regulations, a consumer may not bring an action in court under the lemon law unless the consumer first resorts to that informal dispute settlement procedure.

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