Wisconsin Lemon Law

Wisconsin's Lemon Law (Wis. Stat. § 218.0171) covers new motor vehicles — cars, trucks, motorcycles (other than mopeds), and motor homes — sold or leased to a consumer in Wisconsin and still within the manufacturer's express warranty or one year after first delivery, whichever is sooner. The vehicle must have a nonconformity that substantially impairs its use, value, or safety, and the manufacturer must have failed to repair it within a reasonable number of attempts. Mopeds, semi-trailers, and trailers are excluded. Vehicles purchased for resale or for use in a commercial fleet usually do not qualify, and damage caused by abuse or unauthorized alterations is not protected.

Under Wis. Stat. § 218.0171, a 'reasonable attempt to repair' is presumed when, within the manufacturer's express warranty or one year of first delivery (whichever is sooner), the same nonconformity has been subject to repair four or more times by the manufacturer or its authorized dealer, or the vehicle has been out of service due to warranty repair for an aggregate of at least 30 days. Once the threshold is met, the consumer must give the manufacturer written notice and offer to transfer title; the manufacturer then has 30 days to provide a refund or replacement. Failure to do so triggers Lemon Law liability.

Wisconsin's Lemon Law applies to new motor vehicles within the manufacturer's express warranty or the first year after delivery. A used car purchased while still within that original-warranty window can qualify if you are a transferee under § 218.0171, but used cars sold past that period do not get Lemon Law protection. There is no separate Wisconsin used-car lemon law. For older used vehicles, consumers usually rely on the federal Magnuson-Moss Warranty Act for any remaining written warranties, on UCC breach-of-warranty theories, or on Wisconsin's deceptive-practices statutes.

Yes. Lease consumers are expressly covered under § 218.0171. If the consumer prevails, the manufacturer must accept return of the vehicle, pay the lessor the current lease residual value, and refund to the lessee the down payment, monthly payments, sales tax, finance charges, amounts paid at the point of sale, and collateral costs, less a reasonable allowance for use. The lease is then terminated. The lessee must follow the same notice-and-30-day-cure procedure as a purchaser, and the same one-year/four-attempt or 30-days-out-of-service trigger applies.

Wisconsin Lemon Law actions must be commenced within 36 months after first delivery of the motor vehicle to a consumer (Wis. Stat. § 218.0171(7)). This three-year deadline was added by 2013 Wisconsin Act 101 (effective March 1, 2014) for vehicles sold or leased on or after that date. The prior six-year UCC period no longer applies to Lemon Law claims. Independent breach-of-warranty claims under Wisconsin's UCC still follow a four-year period from delivery (Wis. Stat. § 402.725), and federal Magnuson-Moss claims also generally follow a four-year limitations period.

If the manufacturer has established an informal dispute settlement procedure that complies with the federal Magnuson-Moss regulations (16 C.F.R. Part 703), § 218.0171(2)(c) requires the consumer to first use that procedure before pursuing court-ordered relief. Many automakers use BBB AUTO LINE for this purpose. If the manufacturer has no qualifying program, the consumer may proceed directly to circuit court. Either way, the consumer must first deliver the statutory written notice and give the manufacturer 30 days to provide a refund or replacement.

If you prevail, the manufacturer must either replace the vehicle with a comparable new vehicle or refund the full purchase price plus sales tax, finance charges, amounts paid at point of sale, and collateral costs, less a reasonable allowance for use (purchase price × miles driven before first nonconformity report ÷ 100,000 for cars; 20,000 for motorcycles). Effective March 1, 2014, the historic double-damages remedy was eliminated by 2013 Wisconsin Act 101 — prevailing consumers now recover pecuniary loss plus costs, disbursements, and reasonable attorneys' fees, but no automatic doubling. Equitable relief remains available at the court's discretion.