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Lawsuits Against Kunes Dealerships in Wisconsin

If you purchased a car, truck, RV, or camper from a Kunes Auto Group dealership in Wisconsin and something about the deal wasn't right, you are not alone. Our office represents Wisconsin consumers in lawsuits against car dealerships, and the complaints we have filed against Kunes dealerships describe a recurring set of sales and financing practices that Wisconsin law prohibits — yo-yo financing, refusal to honor refund and cancellation rights, concealed damage, falsified credit applications, and more. If any of the situations described below sound familiar, you may have a claim against Kunes — and the laws that govern Wisconsin car dealers contain “fee shifting” provisions, which means the dealership can be responsible for your legal bills. We handle many of these cases on a contingency basis, meaning you may not need to pay a retainer deposit.

Who Is Kunes Auto Group?

Kunes Auto Group operates a large network of car, truck, and RV dealerships across Wisconsin and the Midwest, selling under various “Kunes” entity names — Kunes Chevrolet, Kunes Buick GMC, Kunes Country RV, Kunes Ford, and others. Each Kunes dealership is a licensed Wisconsin motor vehicle or recreational vehicle dealer, and each is subject to Wisconsin's dealer-licensing statutes, the Wisconsin Consumer Act, Wisconsin's Deceptive Trade Practices Act, and the administrative rules that govern how dealers must advertise, sell, finance, and deliver vehicles.

What Are Consumers Complaining About at Kunes Dealerships?

Lawsuits our office has filed against Kunes dealerships in Wisconsin describe the following types of conduct. Every case is different, but these fact patterns come up again and again:

       “Yo-Yo” financing. A consumer signs a complete contract, takes delivery of the vehicle, and drives it home. Weeks or months later, the dealership calls and claims the financing “fell through,” then threatens to repossess the vehicle unless the consumer signs a new contract — often with a subprime lender, at a different rate, and on worse terms. When the financing boxes on the contract were left blank and the vehicle was delivered, the original contract is final, and the dealer's lender problem is not the consumer's problem.

       Refusing to honor cancellation and refund rights. Wisconsin's administrative rules require dealer contracts to state an anticipated delivery date, and they give purchasers the right to cancel and receive a full refund if the vehicle is not available for delivery within 15 calendar days after that date. Complaints allege that Kunes dealerships failed to deliver on time, failed to fix defects they had documented on their own “We Owe” forms, and then refused to refund the purchase price — even when the consumer paid cash and never took possession.

       High-pressure sales at RV shows and other off-site events. Complaints describe consumers — including elderly consumers — being solicited at RV shows and other locations away from the dealership's regular place of business, pressed in succession by salespeople and managers, and told that the paperwork they were signing was “not final” and would be “ripped up.” Wisconsin law treats credit sales solicited and consummated away from the dealer's regular place of business as “consumer approval transactions” with a right to cancel — and if the dealer never gives the required written notice of that right, the right to cancel never expires.

       Cash deals papered as long-term financing. One complaint alleges that a represented cash purchase was instead written up as a financed sale spanning 240 months — 20 years — with tens of thousands of dollars in finance charges, and that the paperwork recorded a trade-in “down payment” of $63,500 for a trade-in the dealership never actually took.

       Unwanted add-on products. Complaints describe transactions loaded with “back-end” products the consumer never requested or knowingly agreed to buy — service contracts, “pre-paid maintenance,” “paint protection,” “tire blowout protection,” prep fees, and similar charges totaling thousands of dollars.

       Advertising one price, charging another. One complaint alleges a vehicle was advertised online at one price, but the contracts charged nearly $5,000 more, with a fabricated “discount” off an inflated, internally generated reference price used to disguise the markup — and a different, lower sale price reported to the Wisconsin Department of Revenue. Selling at a price higher than the advertised price is sometimes called “bushing,” and it is specifically prohibited by Wisconsin's dealer statutes.

       Concealed damage and undisclosed reconstruction. A complaint alleges a used camper was sold as “great condition, one owner” while the dealership's own repair orders documented severe water damage and rot requiring complete reconstruction of the rear wall and rebuilds of both slide-out floors — work performed before delivery and never disclosed. The buyer also never received the required Wisconsin Buyer's Guide before signing.

       Falsified credit applications. A complaint alleges that after a consumer truthfully entered his income — Social Security survivor benefits — on the dealership's computer, the paper application presented for signature had been altered: income inflated, a fictitious employer added, and fabricated “other income” inserted, with the falsified application then transmitted to the lender to get the loan funded.

       Inconsistent and contradictory paperwork. Complaints describe deal documents reciting different prices for the same vehicle across the purchase contract, installment contract, and service agreement; inconsistent odometer readings; “AS IS — No Warranty” boxes checked on the same deal where a written warranty was issued (which voids the disclaimer); and pre-delivery “acceptance” forms signed before any inspection or walk-through ever occurred.

       Charging consumers for copies of their own documents. Multiple complaints allege that Kunes dealerships gave consumers no copies of their contracts at signing and then demanded payment before providing copies of the consumer's own transaction documents. Wisconsin law requires that an exact copy of the installment contract be furnished to the buyer at the time of signing — free.

       Threatening repossession the dealer has no right to make. Complaints describe threats to repossess vehicles that were already sold, delivered, and titled, and a standard “Funding and Forfeiture” clause in Kunes paperwork that purports to authorize the activation of GPS and other tracking technology to locate a customer's vehicle for repossession if lender funding falls through. An unlawful repossession carries its own damages under Wisconsin law.

Can I Sue a Kunes Dealership in Wisconsin?

Yes — Wisconsin gives consumers some of the strongest dealer-fraud protections in the country. Depending on the facts, a lawsuit against a car dealership — including a Kunes dealership — may include claims under:

       Wis. Stat. § 218.0116 — Wisconsin's dealer practices statute. This statute prohibits a licensed dealer from willfully defrauding a retail buyer, making a fraudulent sale, misrepresenting or concealing material particulars, willfully failing to perform a written agreement, engaging in unconscionable practices, “bushing” (selling above the advertised price), using false or misleading advertising, and violating the Wisconsin Consumer Act. A retail buyer injured by these violations can recover damages, costs, and reasonable attorney fees under Wis. Stat. § 218.0163(2).

       Wis. Stat. § 100.18 — Deceptive Trade Practices Act. Untrue, deceptive, or misleading representations made to induce a purchase — about a vehicle's condition, its features, its price, or the nature of the paperwork — support a claim for pecuniary loss, costs, and attorney fees.

       The Wisconsin Consumer Act (Wis. Stat. chs. 421–427). Credit sales solicited away from the dealer's regular place of business carry a right to cancel under Wis. Stat. § 423.202; if the dealer never gives the required cancellation notice, the right to cancel remains open and the security interest can be voided. The Act also prohibits debt-collection threats to enforce rights the dealer knows don't exist, including baseless repossession threats (Wis. Stat. § 427.104), and regulates those who arrange credit and make false statements to lenders about a buyer's creditworthiness (Wis. Stat. § 422.503). Claims under the Act are subject to a statute of limitations, so don't wait to act.

       Wisconsin's administrative rules — Trans 139 and Trans 142. These rules govern motor vehicle and recreational vehicle dealers: required contract disclosures, the 15-day delivery/cancellation rule, the duty to provide exact copies of contracts at signing, odometer disclosures, advertising standards, and the rule that issuing a written warranty voids an “AS IS” disclaimer. These protections cannot be waived.

       Wis. Stat. § 218.0142 — installment sale requirements. Every retail installment sale must be evidenced by a single written contract containing all the agreements of the parties, with proper itemization, and the buyer must receive an exact copy when they sign.

       Revocation of acceptance and warranty claims. Under Wisconsin's Uniform Commercial Code (Wis. Stat. § 402.608), a buyer can revoke acceptance of a vehicle whose nonconformities substantially impair its value. The federal Magnuson-Moss Warranty Act and the implied warranty of merchantability (Wis. Stat. § 402.314) add claims — with attorney fees — where written warranties were issued and breached. Learn more about Wisconsin's used car lemon law.

       The federal Truth in Lending Act. Inaccurate finance disclosures in a retail installment contract can support a federal TILA claim.

       Common-law fraud and civil theft. Intentional misrepresentation supports compensatory and punitive damages (Wis. Stat. § 895.043). Where a dealer keeps money it has no right to keep — for example, refusing to refund a cash payment after a valid cancellation — Wisconsin's civil theft statutes (Wis. Stat. §§ 943.20 and 895.446) allow recovery, including exemplary damages.

       Claims against the finance company. The FTC “Holder Rule” notice printed in consumer installment contracts (16 C.F.R. § 433.2) makes the lender that holds your contract subject to the same claims and defenses you have against the dealership — which matters when the dealer has assigned your loan.

What Can You Recover in a Lawsuit Against Kunes?

Depending on the claims, Wisconsin consumers can recover their actual damages (including the purchase price or overcharge, finance charges, and consequential losses), rescission or cancellation of the transaction, voiding of the security interest, punitive or exemplary damages for intentional conduct, and — critically — their costs and reasonable attorney fees. Because the dealer statutes and consumer protection laws shift fees to the dealership, we are able to handle most of these cases without a retainer deposit.

What to Do If a Kunes Dealership Ripped You Off

Gather everything from your deal: the purchase contract, retail installment contract, Buyer's Guide, “We Owe” forms, warranty documents, advertisements or online listings, text messages with the dealership, and any letters or voicemails. If the dealership refuses to give you copies of your own documents, tell us — that refusal is itself evidence. Do not sign any new or replacement paperwork the dealership presses on you without talking to a lawyer first, especially if the dealership is threatening repossession because “the financing fell through.”

You can also file a complaint with the Wisconsin Department of Transportation Dealer Section, which licenses and disciplines Wisconsin dealers, and in some cases pursue a claim against the dealer's bond. We can help you with that process as well.

Frequently Asked Questions About Kunes Dealership Claims

Kunes says my financing “fell through” and is threatening to repossess my car. Can they do that?

Usually not. If the financing-contingency boxes on your purchase contract were left blank and the dealership delivered the vehicle to you, the contract is final under the dealer's own form language — the lender falling through is the dealer's problem, not yours. Threatening to repossess a vehicle the dealer has no right to take can itself violate the Wisconsin Consumer Act.

I bought my RV at a show, not at the dealership. Does that matter?

Yes. Credit sales solicited and signed away from the dealer's regular place of business are “consumer approval transactions” under Wisconsin law, which carry a written right to cancel. If the dealer never gave you the required cancellation notice, your right to cancel may still be open.

The dealership won't give me copies of my own paperwork unless I pay. Is that legal?

No. Wisconsin law requires the dealer to furnish an exact copy of the installment contract at the time you sign — free of charge. Charging you for copies of your own transaction documents is evidence we can use in your case.

My vehicle was never delivered on time. Can I get my money back?

Wisconsin's dealer rules give purchasers the right to cancel and receive a full refund if the vehicle is not available for delivery within 15 calendar days after the anticipated delivery date stated on the contract. If a dealership refuses to refund after a valid cancellation, you may have claims for breach of contract and civil theft.

How much does it cost to hire a lawyer to sue Kunes?

In most cases, nothing up front. The statutes that govern Wisconsin car dealers contain fee-shifting provisions that make the dealership responsible for your reasonable attorney fees, and we handle many cases on a contingency basis. Learn more about the cost of a consumer lawyer.

Talk to a Wisconsin Auto Fraud Lawyer About Your Kunes Claim

If you purchased a vehicle from a Kunes dealership in Wisconsin and believe you were deceived, overcharged, pressured, or denied a refund, contact us today for a free consultation. We offer free online scheduling for appointments, and we represent consumers in these cases throughout Wisconsin — including Milwaukee, Waukesha, Madison, Green Bay, Appleton, Neenah, the Fox Valley, Racine, Kenosha, Elkhorn, Delavan, and everywhere in between. Wondering how it works? Here's what to expect when you call.

Note: The lawsuits described on this page contain allegations that have not yet been decided by a court. Every case depends on its own facts.

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The DeLadurantey Law Office, LLC is committed to answering your questions about Vehicle Repo's, Credit Report/Identity Theft, Auto Fraud, and Debt Collection Abuse law issues in Wisconsin.

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