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Any problem that substantially impairs the use and market value of the product and warrantor is unable to make the product free form defects within a reasonable number of attempts. If you bought a malfunctioning vehicle, you may need a lemon law attorney to recover your losses.
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EVALUATION
WISCONSIN Lemon Law:
Wis. Stat. § 218.0171; see also Wis. Stat. § 218.0163(2)
Vehicles covered: Vehicles registered and purchased or leased in
state, including demonstrator or executive vehicles; excludes mopeds,
semitrailers and trailers used with trucks (§ 218.0171(1)(d)).
Persons covered: Purchasers or lessees, transferees during express
warranty period, or any person entitled to enforce the warranty
(§ 218.0171(1)(b)).
Period covered: Whichever comes first: expiry of term of express
warranty or one year from date of delivery (§ 218.0171(2)(a)).
Disclosure requirements: None for manufacturer.
Required consumer notice: Must report nonconformity to the
manufacturer or authorized dealer (§ 218.0171(2)(a)).
Repair requirements: It is presumed that a reasonable number of
attempts have been made if the same nonconformity is subjected to
four or more repairs, or the vehicle is out of service for thirty or
more calendar days (§ 218.0171(1)(h)).
Affırmative defenses: The nonconformity is the result of the consumer’s
abuse, neglect, or unauthorized modifications or alterations
(§ 218.0171(1)(f)). No statute of limitations specified.
Replace/refund: At the consumer’s option, the manufacturer shall
replace with a new comparable vehicle, or refund the full purchase
price less a reasonable use allowance (defined) (§ 218.0171(2)(b)).
Other reimbursement: Collateral costs and charges; refund to the
consumer and lienholder; other damages (§ 218.0171(2)(b)).
Double damages, costs and attorney fees (§ 218.0171(7)). Sales tax
to be returned by department of revenue (§ 218.0171(2)(f)).
Other remedies: There is no limit on other consumer remedies
(§ 218.0171(5)). No cause of action created against dealer by virtue
of exclusion of dealers from definition of manufacturer and its
agents (§ 218.0171(1)(c)). A consumer has a private cause of
action for pecuniary loss caused by a licensed dealer’s willful
failure to perform any written agreement, plus costs and attorney
fees (§ 218.0163(2)).
Informal dispute resolution: For remedies under this section a
consumer must first use an informal dispute settlement procedure
established by the manufacturer, provided the procedure complies
with 16 C.F.R. pt. 703 (§ 218.0171(3), (4)).
Resale of lemon: Full disclosure required (§ 218.0171(2)(d)).
After submitting your free lemon law case evaluation, one of our attorneys will respond to you within 24 hours.
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