1. Wisconsin’s Lemon Law: A Powerful Consumer Remedy
Terrence M. Polich
Lawton & Cates, S.C.
345 W. Washington Ave. Suite 201
Madison, WI 53709
(608) 282 – 6200

2. Coverage:
The Lemon Law only applies to new motor vehicles,
purchased or leased from a motor vehicle dealer in Wisconsin.

3. The Vultaggio Claim:
If the vehicle does not meet the “out of service” or “four attempts to repair” criteria, Lemon Law relief may still be available.

4. Reasonable attempt to repair:
The same nonconformity is subject to repair at least 4 times and the nonconformity continues; or
The vehicle is out of service for an aggregate of at least 30 days because of warranty non conformities.

5. Nonconformity:
A nonconformity is a condition or defect substantially impairing use, value or safety of a vehicle.
A nonconformity must be more than a minor annoyance or inconvenience.

6. If the nonconformity is not repaired….
Manufacturer’s Duty to Refund or Replace:
If the nonconformity is not repaired….
Replace the motor vehicle with a comparable new motor vehicle and refund any collateral costs.
Accept return of the motor vehicle and provide full refund to the consumer.

7. “Collateral costs” are defined as:
Expenses incurred by a consumer in connection with repair of a nonconformity

8. Reasonable Allowance for Use:
The reasonable allowance for use is a ceiling, not a floor.

9. Obtaining a refund:
The consumer must offer to transfer title to the manufacturer.
The manufacturer must provide the refund within 30 days.
The consumer must return the vehicle and provide manufacturer with the title and transfer the title to the manufacturer.

10. Obtaining a Comparable New Motor Vehicle:
If the consumer elects a comparable new vehicle:
Manufacturer must, within 30 days of receipt, agree in writing to provide a comparable new vehicle or a full refund.
The manufacturer may provide a refund if a comparable new vehicle does not exist or cannot be delivered within the 45-day period.

11. Accrual of Lemon Law Claim:
Action must be commenced within 36 months of first delivery of the motor vehicle.
Successful claims entitle consumers to recovery of pecuniary loss, costs, disbursements, reasonable attorney fees and equitable relief.

12. Practice Pointers Use the DOT Form Check for Certified ADR Procedure
“Out of Service” does NOT mean “In the Shop”
Comparable Means Similar
Releases NOT Required To Resolve Lemon Law Claim
Personal Injuries Not Recoverable in Lemon Law Claim
Don’t forget Magnusson Moss Act if No Lemon Law Claim

13. Lemon Law Jury Instructions Are a Helpful Resource!
Thank you!