Defining a Wisconsin Lemon
Definitions for a lemon vary from state to state. In order for a lemon
to be legal in Wisconsin a new motor vehicle must currently be under
warranty and be less than a year old. These minimum requirements must
accompany one of two situations. The first situation is where the
dealership cannot fix a problem or defect after four attempts. The
second situation is where one or more defects require the motor vehicle
not to be used for at least thirty days. These thirty days do not need
to be in a row but can be added up over several months.
Defects
Wisconsin law also states that a defect must be severe enough to alter
the safety, use, or value of the motor vehicle under warranty in order
to be classified as a lemon. Unlike other states Wisconsin does not
classify rattling as a severe enough defect to be classified as a
lemon, where abrupt stalling is a defect.
Vehicle Coverage
Wisconsin lemon laws only covers certain motor vehicles. These include
motorcycles, trucks, motor homes, and automobiles. Laws do not include
semi-trailers, trailers, mopeds, and non-motorized RVs. The new motor
vehicles covered can be either leased or bought and do not need to be
registered in the state of Wisconsin. All executive vehicles and
demonstrator vehicles are also covered. Lemon laws in this state
currently do not have deadlines for suit filing, though a court may
determine the case to be too old to proceed.
Determining Lemons
Wisconsin has five requirements for a motor vehicle to be classified as
a lemon. All requirements must be met or the case will be dismissed.
The first requirement states that the motor vehicle must be new and
either leased or bought. The motor vehicle also must be a motor home,
motorcycle, truck, or automobile. The third requirement states that the
motor vehicle must have developed the defect before the warranty
expires and within the first year.
The safety, use, or value of the care must be compromised by the defect
or defects. And finally while still under warranty and in the first
year after purchasing or leasing, the dealer must not have fixed a
recurring problem after four attempts or the vehicle could not be in
service for at least thirty days. A motor vehicle may have multiple
defects and may still not be classified as a lemon if not all the
criteria are met.
Legal Action
When an owner has a lemon vehicle he or she must gather the proper
information prior to filing. This information will include the repair
orders for the repair visits, purchasing contracts, and warranties. The
Wisconsin Department of Transportation can provide the proper forms for
contacting the manufacturer in order to obtain a replacement or a
refund.
If a motor vehicle is to be refunded it cannot have unrepaired damage
or missing parts. If damages, outside of the lemon defects, are not
repaired prior to replacement, an individual may be required to pay a
fee of deduction. Some cases may require the assistance of a licensed
attorney.