Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
Wisconsin's Lemon Law (Wis. Stat. § 218.0171) provides strong protections for buyers of new and used vehicles that have persistent defects the manufacturer or dealer cannot repair. The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) administers the state's lemon law program and offers free arbitration. Wisconsin is one of the few states that also protects used car buyers, making it an exceptionally consumer-friendly state for vehicle purchases. If your vehicle has been in the shop repeatedly for the same problem, you may be entitled to a full refund or replacement.
Key Statute: Wisconsin's Motor Vehicle Lemon Law (Wis. Stat. § 218.0171) covers BOTH new and used vehicles. After 4 repair attempts for the same defect or 30 days out of service, you may be entitled to a refund or replacement vehicle.
Wisconsin Lemon Law Overview
Wisconsin's lemon law is among the most comprehensive in the nation because it covers both new and used vehicles. This means you have protections whether you bought a brand-new car from a dealership or a certified pre-owned vehicle.
Coverage for New Vehicles
- New motor vehicles: Purchased or leased in Wisconsin
- Coverage period: First year OR first 12,000 miles, whichever comes first
- Includes: Cars, trucks, SUVs, vans, motorcycles
- Excludes: Motor homes, mopeds, semi-trailers, vehicles over 10,000 pounds GVW
Coverage for Used Vehicles (Unique to Wisconsin)
- Used vehicles sold by dealers: Covered for defects disclosed at time of sale
- Coverage period: 60 days OR 3,000 miles (whichever first) after delivery
- Dealer disclosure required: Must provide written notice of defects
- Private sales: Not covered (dealer sales only)
When Your Vehicle Qualifies as a Lemon
Under Wis. Stat. § 218.0171(2), your new vehicle presumptively qualifies as a lemon if:
Four Repair Attempts (New Vehicles)
The same nonconformity has been subject to repair four (4) or more times by the manufacturer, its agent, or authorized dealer, and the nonconformity continues to exist.
30 Days Out of Service (New Vehicles)
The vehicle has been out of service by reason of warranty repair for a cumulative total of 30 or more days.
Used Vehicle Standards
For used vehicles purchased from dealers:
- Defect not disclosed: Vehicle has a defect that wasn't disclosed at time of sale
- Repair attempted: Dealer had reasonable opportunity to repair
- 60-day window: Defect discovered within 60 days or 3,000 miles
Written Notice Required: Before pursuing lemon law remedies, you must send written notice to the manufacturer (for new vehicles) or dealer (for used vehicles) by certified mail, giving them one final opportunity to repair the defect.
Lemon Law Remedies
If your vehicle qualifies as a lemon and cannot be repaired after proper notice, you're entitled to choose between:
Option 1: Full Refund
The manufacturer/dealer must refund:
- Full purchase price or lease payments made
- All collateral charges (taxes, registration, title fees)
- Finance charges incurred
- Incidental costs (towing, rental car, lodging during repairs)
- Minus: Reasonable allowance for use
Option 2: Replacement Vehicle
The manufacturer must provide:
- Comparable new vehicle (for new vehicle claims)
- Same or similar options and equipment
- No additional cost to consumer
Calculating the Usage Allowance
Wisconsin uses this formula for the "reasonable allowance for use":
Usage Formula: (Miles driven before first repair attempt ÷ 100,000) × Purchase Price. For example: $25,000 vehicle with 3,000 miles before first repair = $750 usage allowance.
DATCP Arbitration Program
Wisconsin's Department of Agriculture, Trade and Consumer Protection (DATCP) administers a free lemon law arbitration program.
Step-by-Step Arbitration Process
- Send written notice: Certified mail to manufacturer/dealer with final repair opportunity
- Allow repair attempt: Give reasonable time for one more try
- Request arbitration: Contact DATCP if repair fails
- Submit documentation: Purchase agreement, repair orders, correspondence
- Arbitration hearing: Present your case (can be in-person or written)
- Decision: Arbitrator issues binding decision within 60 days
Arbitration Details
| Detail | Information |
|---|---|
| Filing fee | FREE |
| Filing deadline | Within 3 years of original delivery |
| Attorney required | No (but permitted) |
| Decision binding | Yes on manufacturer; consumer can reject and sue |
| DATCP Contact | 1-800-422-7128 |
Wisconsin Deceptive Trade Practices Act
In addition to the lemon law, Wisconsin's Deceptive Trade Practices Act (Wis. Stat. § 100.18) provides additional consumer protections.
What the DTPA Prohibits
- False representations: Misrepresenting vehicle condition or history
- Concealment: Hiding known defects or damage
- Bait and switch: Advertising one deal, selling another
- Odometer fraud: Rolling back or misrepresenting mileage
- Title washing: Concealing salvage or rebuilt titles
DTPA Remedies
- Actual damages: Amount of your loss
- Double damages: Up to 2x actual damages for violations
- Attorney fees: Prevailing consumers can recover attorney fees
- Costs: Court costs and filing fees
Three-Year Statute of Limitations: Lemon law claims must be filed within 3 years of the vehicle delivery date. DTPA claims have a 3-year limit from when the violation occurred or was discovered.
Wisconsin Small Claims Court
Small claims court is an option for smaller vehicle disputes or when DATCP arbitration isn't available.
Small Claims Court Details
| Detail | Information |
|---|---|
| Maximum claim | $10,000 |
| Filing fee | $85.50-$184.50 (varies by claim amount) |
| Where to file | Circuit Court, Small Claims Division |
| Attorneys allowed | Yes, but not required |
| Appeal | Yes, to Circuit Court within 15 days |
Documentation Checklist
Proper documentation is essential for lemon law claims. Keep organized records of:
Purchase Documents
- Purchase agreement or lease contract
- Window sticker (for new vehicles)
- Finance documents
- Registration and title
- Warranty booklet
- Used vehicle disclosure statement (for used cars)
Repair Documentation
- All repair orders (get copies every time)
- Dates vehicle dropped off and picked up
- Description of problems reported
- Work performed and parts replaced
- Days vehicle was out of service
Communication Records
- Written complaints to dealer and manufacturer
- Phone call notes (date, time, who spoke to, what said)
- Certified mail receipts for written notices
- Emails and text messages about repairs
Writing a Lemon Law Demand Letter
A formal demand letter is required before pursuing lemon law remedies and can sometimes resolve disputes without arbitration.
What to Include
- Vehicle information: Year, make, model, VIN
- Purchase date: When and where you bought it
- Current mileage: Current odometer reading
- Defect description: What's wrong with the vehicle
- Repair history: Dates and descriptions of repair attempts
- Days out of service: Cumulative days at shop
- Legal citation: Wis. Stat. § 218.0171
- Demand: Refund or replacement
- Deadline: 10-14 days for final repair opportunity
Sample Demand Letter Language
"Pursuant to Wisconsin's Motor Vehicle Lemon Law (Wis. Stat. § 218.0171), my vehicle has been subject to [number] repair attempts for [describe defect] and/or has been out of service for [number] cumulative days. This letter constitutes formal notice and demand for one final repair attempt. If the defect is not repaired within [14 days/reasonable time], I demand a full refund or replacement vehicle as provided by law. If I do not receive a satisfactory resolution, I will file for arbitration with DATCP."
Additional Wisconsin Consumer Protections
Auto Repair Rights
- Written estimate: Required before work begins
- Authorization: Cannot exceed estimate without approval
- Itemized invoice: Parts, labor, and prices must be listed
- Old parts: Must return replaced parts upon request
Security Deposit Rights
For Wisconsin renters (Wis. Stat. § 704.28):
- No statutory limit: Wisconsin does not cap deposit amounts
- Return deadline: 21 days after tenant vacates
- Itemized statement: Required for any deductions
- Double damages: If landlord withholds in bad faith
Statute of Limitations
| Claim Type | Time Limit | Statute |
|---|---|---|
| Lemon Law (new vehicles) | 3 years from delivery | Wis. Stat. § 218.0171 |
| DTPA Claims | 3 years | Wis. Stat. § 100.18 |
| Written Contracts | 6 years | Wis. Stat. § 893.43 |
| Oral Contracts | 6 years | Wis. Stat. § 893.43 |
| Property Damage | 3 years | Wis. Stat. § 893.52 |
Frequently Asked Questions
Does Wisconsin's lemon law cover used cars?
Yes! Wisconsin is one of the few states with used car lemon law protections. If you buy a used vehicle from a dealer and discover a defect within 60 days or 3,000 miles that wasn't disclosed at the time of sale, you may have a lemon law claim against the dealer.
How many repair attempts do I need before my car is a lemon?
For new vehicles, your car presumptively qualifies as a lemon after 4 unsuccessful repair attempts for the same defect, OR after being out of service for 30 cumulative days for warranty repairs during the first year or 12,000 miles.
Is Wisconsin's lemon law arbitration free?
Yes. The DATCP lemon law arbitration program is completely free for consumers. You don't need to pay any filing fees, and you can represent yourself without an attorney if you prefer.
What's the difference between DATCP arbitration and going to court?
DATCP arbitration is faster (usually 60 days to decision), free, and less formal than court. The decision is binding on the manufacturer but not on you - if you lose, you can still sue in court. Court is more expensive and time-consuming but may offer additional remedies.
Can I get my attorney fees paid if I win?
If you pursue a claim under Wisconsin's Deceptive Trade Practices Act (Wis. Stat. § 100.18) or federal Magnuson-Moss Warranty Act, prevailing consumers can recover reasonable attorney fees. In DATCP arbitration, attorney fees are not typically awarded.
What if I bought my car from a private seller?
Wisconsin's lemon law only covers vehicles purchased from licensed dealers, not private sales. However, you may still have claims for fraud or misrepresentation if the seller lied about the vehicle's condition.
How long do I have to file a lemon law claim in Wisconsin?
You must file within 3 years of the vehicle's original delivery date. However, you should act as soon as you meet the 4-repair or 30-day threshold, as delays can complicate your case.
Key Resources
- DATCP Lemon Law Program: 1-800-422-7128 or datcp.wi.gov
- WI DOJ Consumer Protection: 1-800-999-9111
- WI Courts Self-Help: wicourts.gov/services/public/selfhelp
- State Bar of Wisconsin Lawyer Referral: 1-800-362-9082
- Legal Action of Wisconsin (free legal help): legalaction.org
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