Key takeaways
- Protection period: term of the express warranty or one year after first delivery to a consumer, whichever is sooner.
- Repair attempts: same nonconformity subject to repair at least 4 times within the protection period and it continues.
- Days out of service: aggregate of at least 30 days out of service because of warranty nonconformities within the protection period (calendar vs. business days not stated). Days lost to natural disaster, war, fire or strike do not count.
- Deadline: within 36 months after first delivery of the vehicle to a consumer.
- The law is Wis. Stat. § 218.0171; Wis. Admin. Code ch. Trans 143. Read it with your repair orders and your warranty in front of you.
On this page
Wisconsin's lemon law is Wis. Stat. § 218.0171; Wis. Admin. Code ch. Trans 143, the Repair, replacement and refund under new motor vehicle warranties (Wisconsin lemon law). It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
Wisconsin lemon law at a glance
| Statute | Wis. Stat. § 218.0171; Wis. Admin. Code ch. Trans 143 |
|---|---|
| Official name | Repair, replacement and refund under new motor vehicle warranties (Wisconsin lemon law) |
| Vehicles covered | New motor-driven vehicles required to be registered under Wis. Stat. ch. 341 (or exempt under s. 341.05(2)), including demonstrator and executive vehicles, purchased or transferred in Wisconsin. Mopeds, semitrailers and trailers used with a truck or truck tractor are excluded. Motorcycles and heavy-duty vehicles over 10,000 pounds are covered, with some separate rules. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | Term of the express warranty or one year after first delivery to a consumer, whichever is sooner. |
| Repair attempts | Same nonconformity subject to repair at least 4 times within the protection period and it continues. |
| Days out of service | Aggregate of at least 30 days out of service because of warranty nonconformities within the protection period (calendar vs. business days not stated). Days lost to natural disaster, war, fire or strike do not count. |
| Notice to the manufacturer | After a reasonable attempt to repair fails, the consumer must give the manufacturer the Wisconsin DOT form electing a refund or a comparable new vehicle. The manufacturer must pay a refund within 30 days of the offer to transfer title. For replacements it must agree in writing within 30 days and deliver within 45 days (120 days for heavy-duty vehicles). |
| Dispute programs | If an informal dispute settlement procedure certified by the Wisconsin DOT is available, the consumer must use it before suing. No state-run arbitration program. |
| Deadline to bring a claim | Within 36 months after first delivery of the vehicle to a consumer. |
| Remedies | At the consumer's direction, a comparable new vehicle plus collateral costs, or a refund of the full purchase price plus sales tax, finance charges, amounts paid at the point of sale and collateral costs, less a use allowance capped at full price times miles before the first report divided by 100,000 (20,000 for motorcycles). Leases have a separate refund formula. |
| Attorney's fees | Yes. A prevailing consumer shall be awarded pecuniary loss plus costs, disbursements and reasonable attorney fees. |
| Used vehicles | No used-car lemon law. A person to whom the vehicle is transferred before the express warranty expires is a covered consumer, but the defect must be reported within the warranty or one year after first delivery. |
Does your vehicle qualify in Wisconsin?
The law covers new motor-driven vehicles required to be registered under Wis. Stat. ch. 341 (or exempt under s. 341.05(2)), including demonstrator and executive vehicles, purchased or transferred in Wisconsin. Mopeds, semitrailers and trailers used with a truck or truck tractor are excluded. Motorcycles and heavy-duty vehicles over 10,000 pounds are covered, with some separate rules. The protection period is term of the express warranty or one year after first delivery to a consumer, whichever is sooner. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: Same nonconformity subject to repair at least 4 times within the protection period and it continues.
- Days out of service: Aggregate of at least 30 days out of service because of warranty nonconformities within the protection period (calendar vs. business days not stated). Days lost to natural disaster, war, fire or strike do not count.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
After a reasonable attempt to repair fails, the consumer must give the manufacturer the Wisconsin DOT form electing a refund or a comparable new vehicle. The manufacturer must pay a refund within 30 days of the offer to transfer title. For replacements it must agree in writing within 30 days and deliver within 45 days (120 days for heavy-duty vehicles).
If an informal dispute settlement procedure certified by the Wisconsin DOT is available, the consumer must use it before suing. No state-run arbitration program.
Deadline: Within 36 months after first delivery of the vehicle to a consumer.
State resource: Wisconsin Department of Transportation, Division of Motor Vehicles.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
At the consumer's direction, a comparable new vehicle plus collateral costs, or a refund of the full purchase price plus sales tax, finance charges, amounts paid at the point of sale and collateral costs, less a use allowance capped at full price times miles before the first report divided by 100,000 (20,000 for motorcycles). Leases have a separate refund formula. Yes. A prevailing consumer shall be awarded pecuniary loss plus costs, disbursements and reasonable attorney fees. Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Wisconsin's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your Wisconsin vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in Wisconsin?
Under Wis. Stat. § 218.0171; Wis. Admin. Code ch. Trans 143, the presumption is met when same nonconformity subject to repair at least 4 times within the protection period and it continues. The law also counts time in the shop: aggregate of at least 30 days out of service because of warranty nonconformities within the protection period (calendar vs. business days not stated). Days lost to natural disaster, war, fire or strike do not count.
How long do I have to file a lemon law claim in Wisconsin?
Within 36 months after first delivery of the vehicle to a consumer. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the Wisconsin lemon law cover used cars?
No used-car lemon law. A person to whom the vehicle is transferred before the express warranty expires is a covered consumer, but the defect must be reported within the warranty or one year after first delivery. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the Wisconsin lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in Wisconsin?
After a reasonable attempt to repair fails, the consumer must give the manufacturer the Wisconsin DOT form electing a refund or a comparable new vehicle. The manufacturer must pay a refund within 30 days of the offer to transfer title. For replacements it must agree in writing within 30 days and deliver within 45 days (120 days for heavy-duty vehicles). Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in Wisconsin?
If an informal dispute settlement procedure certified by the Wisconsin DOT is available, the consumer must use it before suing. No state-run arbitration program.
Can I recover attorney's fees under the Wisconsin lemon law?
Yes. A prevailing consumer shall be awarded pecuniary loss plus costs, disbursements and reasonable attorney fees. We explain exactly how fees work in your case before you sign anything.