Wisconsin Lemon Law: Do You Qualify?

Wisconsin lemon law at a glance

Coverage window

Within the term of an express warranty applicable to a new motor vehicle or one year after first delivery to a consumer, whichever is sooner. The statute says "term" and states no mileage limit; WisDOT's claim form asks for the date a warranty expired when the vehicle reached a mileage during the first year.

What counts as a nonconformity

A condition or defect that substantially impairs the use, value or safety of the vehicle and is covered by an express warranty. It does not include a condition or defect that is the result of abuse, neglect or unauthorized modification or alteration of the vehicle by a consumer. WisDOT's guide says an irritating rattle may not be serious enough.

Repair attempts

The same nonconformity subject to repair by the manufacturer, the lessor or an authorized dealer at least 4 times, and the nonconformity continues. No separate count for safety defects.

Days out of service

An aggregate of at least 30 days because of warranty nonconformities (the statute does not say calendar or business days). Time when repair services are not available because of flood or other natural disaster, war, invasion, fire or strike is not included.

Who is covered

A purchaser from a motor vehicle dealer and a person to whom the vehicle is transferred before an express warranty applicable to it expires, in each case for purposes other than resale; a person who may enforce the warranty; and a person who leases a vehicle under a written lease.

Written notice

To trigger the manufacturer's duty to refund or replace, you provide it with the form specified in sub. (8), prescribed by the Department of Transportation (WisDOT form MV2691; WisDOT's guide says that form is not required but includes language the law requires). The manufacturer may ask for missing information within 30 days of receiving it, and its periods do not begin until you provide it.

Manufacturer's periods

A refund no later than 30 days after your offer to transfer title. For a replacement: a written agreement within 30 days of receiving the form, then until the 45th day (the 120th for a heavy-duty vehicle) to provide the vehicle or a refund.

Dispute program

If a dispute settlement procedure certified by WisDOT is available to you, you must use it before suing; the requirement is satisfied 40 calendar days after you notify it, or when it completes its duties, whichever is sooner. Manufacturers are not required to have one. Its decision binds the manufacturer, not you.

Deadline to sue

An action must be commenced within 36 months after first delivery of the vehicle to a consumer. The section does not limit rights or remedies under any other law.

Used vehicles

The act has no separate used-vehicle provisions, and WisDOT's guide says used vehicles do not qualify. The statute does make a "consumer" of a person to whom the vehicle is transferred before an express warranty applicable to it expires, or who may enforce the warranty. WisDOT's guide says vehicles bought outside Wisconsin do not qualify.

Heavy-duty vehicles

A vehicle with a gross vehicle weight rating or actual gross weight of more than 10,000 pounds is covered, with 120 days to provide a replacement. For a heavy-duty vehicle only, a negotiated written settlement with the manufacturer ends its duties under the section, except the resale disclosure.

Other protections

Any waiver by a consumer of rights under the section is void. A returned vehicle may not be sold or leased again in Wisconsin without full disclosure of the reasons for return. In court, a prevailing consumer is awarded the amount of any pecuniary loss, costs, disbursements and reasonable attorney fees, and the court may award equitable relief.

Wisconsin lemon law: frequently asked questions

How many repair attempts does the Wisconsin lemon law require?

At least 4 for the same nonconformity, and the nonconformity must continue, or an aggregate of at least 30 days out of service because of warranty nonconformities. Either must occur within the term of an express warranty or one year after first delivery, whichever is sooner. Wisconsin has no separate attempt count for safety defects.

What counts as "out of service" in Wisconsin?

The vehicle is out of service when you cannot use it for its intended purpose because it is in the possession of the manufacturer, a lessor or an authorized dealer for repairs to correct a nonconformity. It also counts when the vehicle is in your possession, has a nonconformity that substantially affects its use or safety, and has been subject to an attempt to repair on at least 2 occasions.

Do I have to use the manufacturer's dispute program first?

Only if the manufacturer has an informal dispute settlement procedure certified by the Department of Transportation and it is available to you. Then you may not sue unless you first resort to it. Manufacturers are not required to have a program, and WisDOT's guide says you need not use one that is not certified. A certified program's decision binds the manufacturer, not you; you may reject it and still sue.

How long do I have to sue under the Wisconsin lemon law?

An action must be commenced within 36 months after first delivery of the vehicle to a consumer. That is longer than the period (at most one year) during which the repair attempts or days out of service must fall. The statute states no pause of the 36 months during a dispute procedure; a court may extend deadlines in the section if a party failed to reasonably cooperate. The section does not limit rights or remedies under other law, which may have their own deadlines.

What can I recover if my vehicle qualifies in Wisconsin?

A purchaser, later owner or warranty enforcer chooses between a comparable new vehicle plus collateral costs, or a refund of the full purchase price plus sales tax, finance charge, the amount paid at the point of sale and collateral costs, less a reasonable allowance for use. A lessee, who is a "consumer" under a written lease, has a separate refund: the amount paid under the lease plus any sales tax and collateral costs, less a reasonable allowance for use, with the current value of the lease refunded to the lessor, and no one may enforce the lease against the lessee after the refund. A prevailing consumer in court is awarded the amount of any pecuniary loss with costs, disbursements and reasonable attorney fees, not a doubled or tripled amount.

Statutes cited on this page

• Wis. Stat. § 218.0171(1)(b) (who is a "consumer": purchaser from a dealer, transferee during the express warranty, person who may enforce the warranty, lessee)
• Wis. Stat. § 218.0171(1)(d) ("motor vehicle": purchased or transferred in this state; not a moped, semitrailer or trailer for use with a truck or truck tractor)
• Wis. Stat. § 218.0171(1)(f) ("nonconformity": substantially impairs use, value or safety; covered by an express warranty; not the result of abuse, neglect or unauthorized modification by a consumer)
• Wis. Stat. § 218.0171(1)(h) ("reasonable attempt to repair": the same nonconformity at least 4 times, or at least 30 days out of service, within the warranty term or one year, whichever is sooner)
• Wis. Stat. § 218.0171(1)(g) ("out of service": in the possession of the manufacturer, lessor or dealer for repairs, or in the consumer's possession after at least 2 repair attempts)
• Wis. Stat. § 218.0171(2)(a) (duty to repair a reported nonconformity before the warranty ends or one year after first delivery, whichever is sooner)
• Wis. Stat. § 218.0171(2)(b)1. (the manufacturer's refund or replacement duty arises when the consumer provides the sub. (8) form)
• Wis. Stat. § 218.0171(8)(b) and (c) (what the form must ask; the manufacturer's 30-day request for more information)
• Wis. Stat. § 218.0171(2)(c) and (cg) (the manufacturer's 30-day refund, and the 30-day written agreement and the 45th or 120th day for a replacement)
• Wis. Stat. § 218.0171(2)(b)2. (at the consumer's direction, replace with a comparable new vehicle or refund the full purchase price plus sales tax, finance charge, amount paid at the point of sale and collateral costs, less a reasonable allowance for use)
• Wis. Stat. § 218.0171(2)(b)3. (a lessee's refund: the amount paid under the written lease plus any sales tax and collateral costs, less a reasonable allowance for use; the allowance is capped on the total the lease obligates)
• Wis. Stat. § 218.0171(3) (resort to a certified informal dispute settlement procedure before suit, when one is available)
• Wis. Adm. Code Trans 143.06(4)(d), (10) and (11) (a certified procedure's decision binds the manufacturer, not the consumer; when the resort requirement is satisfied)
• Wis. Stat. § 218.0171(6m) and (1)(bt) (heavy-duty vehicles only: a negotiated written settlement ends the manufacturer's duties under the section, except resale disclosure)
• Wis. Stat. § 218.0171(5) and (6) (other remedies are not limited; a waiver of rights under the section is void)
• Wis. Stat. § 218.0171(2)(d) (a returned vehicle may not be sold or leased again in this state without full disclosure of the reasons for return)
• Wis. Stat. § 218.0171(7)(a) (action commenced within 36 months after first delivery; pecuniary loss, costs and reasonable attorney fees)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.