In Wisconsin, your vehicle is a Lemon if it has been out of service for 30 days during the first year with problems that substantially affect use, value or safety. Your vehicle is also a Lemon if you have given the dealer four chances to fix a problem that substantially affects use, value or safety during the first year and the problem still isn’t fixed.
First, you should make sure you document your problem. This means, make sure the dealer writes your problem down on a service order. If you notice your problem is not on your service order, tell the service writer that you want him to put your problem on the service order. Take photographs, or videos of your problem while it is happening. Show these pictures or videos to your dealer. It does not matter if the dealer cannot duplicate your problem. What matters, is that you have given the dealer a chance to fix your problem.
The Lemon Law covers new and demonstrator cars, trucks and motorcycles that have never been privately titled before you purchased or leased the vehicle. It does not cover used cars. However, if you experience problems with a vehicle that is still covered by the balance of the new car warranty, a lawyer still may be able to help you. Feel free to call us if you have any questions.
If you purchase the car, you have the right to get either a new vehicle or a refund of the price you paid. The amount of your refund depends on how miles you drove before before the problem started. If you lease a vehicle, you can get a refund of all your lease payments. In addition, if you have to file suit, the judge can order the manufacturer to pay all of your attorney’s fees.
If you have a used car, and you think you’ve been a victim of Dealer Fraud, call us for a free consultation. Some dealers will hide a known defect or fail to disclose that a used car has a significant problem.
If this happens to you, you must report the problem to the dealer and give them the opportunity to fix it. You should do this as soon as the problem occurs. The more time that passes after the sale, the harder it is to prove that your car had this problem before you bought it. In this situation, you must prove that your problem existed BEFORE you bought the vehicle and that your dealer refused to fix it after you gave him the opportunity. If the dealer refuses to fix the problem to your satisfaction, please give us a call. We can help.
David Lisko represents clients in Lemon Law, used car warranty claims, motor vehicle dealer fraud, and other consumer cases. If you believe your rights have been violated, call our office at (262) 785-9400 or contact us online for a free consultation.