Wondering whether your vehicle legally qualifies as a lemon? Run through this checklist. It mirrors the questions we ask in every free consultation — and even if you answer “no” on the state Lemon Law questions, keep reading, because used car buyers usually have a different path.
The Wisconsin Lemon Law Checklist (New Vehicles)
1. Was the vehicle new when you bought or leased it in Wisconsin? Wisconsin's Lemon Law (Wis. Stat. § 218.0171) covers new cars, trucks, motorcycles, and motor homes bought or leased in this state.
2. Is the problem covered by the manufacturer's warranty? The defect must be a warranty nonconformity — not damage from an accident, abuse, or unauthorized modification.
3. Does it substantially impair the use, value, or safety of the vehicle? A failing transmission, stalling engine, or brake defect clearly qualifies; a rattling trim panel likely does not.
4. Did you report it within the warranty period or the first year? The nonconformity must be reported to the manufacturer or dealer within the warranty term or one year after first delivery, whichever comes first.
5. Has the manufacturer had a reasonable attempt to fix it? In general that means the same problem has been in for repair four or more times and persists, or the vehicle has been out of service 30 or more days in total.
If you answered yes down the list, you may be entitled to a refund or a comparable new replacement vehicle — and the manufacturer can be responsible for your attorney fees. Start with our Wisconsin Lemon Law guide or call us.
Answered “No” Because Your Vehicle Is Used?
You are in the majority — and you are not out of options. Used vehicles sold with a written warranty or service contract are protected by the federal Magnuson-Moss Warranty Act, and every used vehicle sold by a Wisconsin dealer comes with the protections of the Wisconsin Buyer's Guide inspection and disclosure rules and Wisconsin's ban on deceptive sales practices. See our used car lemon law page.
The Single Most Important Habit: Paper
Lemon law cases are won with repair orders. Every time the vehicle goes in, get a written repair order showing the date, your complaint, and the days in the shop — and keep every one. If the service department “can't duplicate the problem,” make sure your complaint is still written down.
Get a Straight Answer — Free
Send us your repair history and we will tell you whether you have a lemon law, warranty, or dealer fraud claim. Call 414.377.0515 or contact us online. Consultations are free, and most clients pay nothing out of pocket.