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Lemon law in Wisconsin
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Wisconsin Lemon Law, Wis. Stat. § 218.0171. A new vehicle is presumed a lemon in Wisconsin when, during the protection period, the same defect was repaired 4 or more times without a fix, or it was out of service for repairs 30 or more days in total. The protection period is 12 months after delivery, whichever comes first. Leased vehicles are covered. Used vehicles are covered only in some cases.
At a glance
| Protection period | 12 months |
|---|---|
| Repair attempts, same defect | 4 |
| Attempts, serious safety defect | Not set |
| Days out of service | 30 |
| Used vehicles | Some |
| Leased vehicles | Covered |
| State arbitration program | No |
| Time limit to file | 36 months after the vehicle was first delivered |
Who qualifies
Which vehicles
New motor vehicles that must be registered in Wisconsin, including cars, trucks, motorcycles, motor homes, and dealer demonstrator or executive vehicles, bought or transferred in Wisconsin. Mopeds and trailers are not covered, and vehicles over 10,000 pounds follow some different rules.
““Motor vehicle” does not mean a moped, semitrailer or trailer designed for use in combination with a truck or truck tractor.”
docs.legis.wisconsin.gov
Repair attempts
The car qualifies if the same defect has been repaired at least four times and still is not fixed.
“at least 4 times and the nonconformity continues”
docs.legis.wisconsin.gov
Serious safety defects
The law does not say.
Days out of service
The car also qualifies if it was out of service for a total of at least 30 days because of warranty defects. Time when repairs were unavailable because of a natural disaster, war, fire, or strike does not count.
“The motor vehicle is out of service for an aggregate of at least 30 days because of warranty nonconformities.”
docs.legis.wisconsin.gov
Used vehicles
Used cars are covered only in a limited way: someone who gets the car before the manufacturer's warranty ends counts as a consumer under this law.
“A person to whom the motor vehicle is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the motor vehicle.”
docs.legis.wisconsin.gov
Leased vehicles
Yes. A person leasing under a written lease is covered and gets back lease payments plus sales tax and collateral costs, minus a use allowance.
“A person who leases a motor vehicle from a motor vehicle lessor under a written lease.”
docs.legis.wisconsin.gov
Deadlines
Protection period
The repair attempts or days out of service must happen during the manufacturer's warranty or the first year after delivery, whichever ends sooner.
“occurring within the term of an express warranty applicable to a new motor vehicle or within one year after first delivery of the motor vehicle to a consumer, whichever is sooner”
docs.legis.wisconsin.gov
Time limit to file
A lawsuit must be filed within 36 months after the vehicle was first delivered.
“if the action is commenced within 36 months after first delivery of the motor vehicle to a consumer”
docs.legis.wisconsin.gov
Steps
- Keep every repair order. Each visit to the dealer should give you a work order with the date, the mileage, what you reported and what they did. Ask for one every time, even when they find nothing. These papers are your case.
- Check the dates. The repair attempts or days out of service must happen during the manufacturer's warranty or the first year after delivery, whichever ends sooner. A lawsuit must be filed within 36 months after the vehicle was first delivered.
- Tell the manufacturer in writing. The law asks for written notice. See written notice below.
- Use the dispute program if one is required. See arbitration below for whether you must go there before court.
- Ask for a refund or a replacement, or file. Send the letter, then file before the time limit if the manufacturer will not buy the vehicle back or replace it.
Written notice
Yes. You must give the manufacturer the WisDOT form choosing a refund or a replacement. For a refund, the manufacturer must pay within 30 days after you offer to transfer the title. The law does not require a final repair attempt.
“if the consumer provides the manufacturer with the form specified in sub. (8) (a) 2. or 3. , the manufacturer shall carry out the requirement”
docs.legis.wisconsin.gov
Arbitration
If the manufacturer has a dispute program certified by WisDOT, you must use it before suing. The state does not run its own arbitration program.
“the consumer may not bring an action under sub. (7) unless he or she first resorts to that procedure”
docs.legis.wisconsin.gov
What you get
You choose a comparable new vehicle plus collateral costs, or a refund of the full price plus sales tax, finance charges, amounts paid at the sale, and collateral costs. The use deduction can be no more than the price times the miles driven before you first reported the defect, divided by 100,000 (20,000 for motorcycles).
“the full purchase price plus any sales tax, finance charge, amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use”
docs.legis.wisconsin.gov
Do it yourself
You can bring a lemon law claim without a lawyer. It takes letters, records and patience. The usual route:
- Put your repair orders in date order and count the attempts and the days out of service.
- Send the manufacturer the letter below, by a tracked method, to the address in your owner's manual or warranty booklet.
- If it offers a final repair, let it try within the time the law gives it.
- If it refuses or does not answer, file with the manufacturer's dispute program or the state program (Wisconsin Department of Transportation, Dealer & Agent Section (Lemon Law Program)), then court if you need to.
- Do not sell or trade in the vehicle while the claim is open.
Letter template for Wisconsin
[Your name] [Your address] [Date] [Manufacturer name] [Address from your owner's manual or warranty booklet] Re: Lemon law claim, [year make model], VIN [VIN] I bought (or leased) this vehicle on [date] from [dealer], in Wisconsin. It has a defect that the dealer has not been able to fix: [describe it in one or two sentences]. It has been in for repair of this defect [number] times, on [dates], and out of service for a total of [number] days. Copies of the repair orders are enclosed. Under Wisconsin Lemon Law (Wis. Stat. § 218.0171), I ask you to repurchase or replace the vehicle. Please reply in writing within 15 days. I can bring the vehicle in for a final repair attempt if the law gives you one. [Your name] [Phone and email]
What a buyback pays in Wisconsin
The refund is reduced for your use of the car: the price times the miles driven before the first repair visit for the defect, divided by 100,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $2,400.
Questions people ask about Wisconsin's lemon law
How many repair attempts make a car a lemon in Wisconsin?
The car qualifies if the same defect has been repaired at least four times and still is not fixed.
How many days in the shop make a car a lemon in Wisconsin?
The car also qualifies if it was out of service for a total of at least 30 days because of warranty defects. Time when repairs were unavailable because of a natural disaster, war, fire, or strike does not count.
How long does Wisconsin's lemon law cover a car?
The repair attempts or days out of service must happen during the manufacturer's warranty or the first year after delivery, whichever ends sooner.
Which vehicles does Wisconsin's lemon law cover?
New motor vehicles that must be registered in Wisconsin, including cars, trucks, motorcycles, motor homes, and dealer demonstrator or executive vehicles, bought or transferred in Wisconsin. Mopeds and trailers are not covered, and vehicles over 10,000 pounds follow some different rules.
Does Wisconsin's lemon law cover used cars?
Used cars are covered only in a limited way: someone who gets the car before the manufacturer's warranty ends counts as a consumer under this law.
Does Wisconsin's lemon law cover leased cars?
Yes. A person leasing under a written lease is covered and gets back lease payments plus sales tax and collateral costs, minus a use allowance.
Do I have to tell the manufacturer in writing?
Yes. You must give the manufacturer the WisDOT form choosing a refund or a replacement. For a refund, the manufacturer must pay within 30 days after you offer to transfer the title. The law does not require a final repair attempt.
Do I have to go to arbitration before court?
If the manufacturer has a dispute program certified by WisDOT, you must use it before suing. The state does not run its own arbitration program.
How long do I have to file a lemon law claim in Wisconsin?
A lawsuit must be filed within 36 months after the vehicle was first delivered.
What do I get if my car is a lemon in Wisconsin?
You choose a comparable new vehicle plus collateral costs, or a refund of the full price plus sales tax, finance charges, amounts paid at the sale, and collateral costs. The use deduction can be no more than the price times the miles driven before you first reported the defect, divided by 100,000 (20,000 for motorcycles).
How much is taken off a buyback for the miles I drove?
The refund is reduced for your use of the car: the price times the miles driven before the first repair visit for the defect, divided by 100,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $2,400.
Who pays the lawyer in a Wisconsin lemon law case?
Yes. A consumer who wins in court gets reasonable attorney fees and costs, along with any money lost. A court can reduce fees for a party that did not reasonably cooperate. In Wisconsin, an owner who wins can make the maker pay the lawyer.
Can I keep driving my car during a lemon law claim?
Usually, yes. Keep it maintained and insured, and do not sell or trade it in while the claim is open: a buyback needs the car. If the defect makes it unsafe, stop driving it and tell the dealer and the maker in writing.
Do I need a lawyer for a lemon law claim?
No. You can bring a claim yourself. The steps and a letter template are on this page. A lawyer knows what makers offer in cases like yours and what the use deduction should be. In Wisconsin, an owner who wins can make the maker pay the lawyer.
Find a Wisconsin lemon law lawyer
Yes. A consumer who wins in court gets reasonable attorney fees and costs, along with any money lost. A court can reduce fees for a party that did not reasonably cooperate.
“The court shall award a consumer who prevails in such an action the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees”
docs.legis.wisconsin.gov
Because the manufacturer usually pays the lawyer's fees when you win, most lemon law lawyers charge you nothing up front. A lawyer also knows what the manufacturer offers in cases like yours and what the use deduction should be.
Send the free case check below and we find a lemon law firm that takes Wisconsin cases like yours. The firm contacts you, and you decide whether to hire them.
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Who pays the lawyer? In Wisconsin, an owner who wins can make the maker pay the lawyer.* * So most lemon law lawyers ask nothing up front. Some charge costs, or a share of a settlement: ask before you sign. You never pay us. More
Sources
- Wis. Stat. § 218.0171, Wisconsin Lemon Law
- Wisconsin Department of Transportation, Dealer & Agent Section (Lemon Law Program)
- Magnuson-Moss Warranty Act, 15 U.S.C. § 2310, the federal warranty law that also lets owners recover attorney fees.
Each quote above is copied from the page it links to, checked 2026-10-26. If a page has moved, the citation still finds the law.