The lemon law in Wisconsin is pretty simple. If the vehicle you purchase turns out to be a lemon, the manufacturer has to replace the vehicle or refund the purchase price minus a reasonable amount based on mileage.
This law only applies to new vehicles no more than a year old and is still under warranty. This includes cars, trucks, motorcycles and motor homes which you have purchased or leased as well as those used as demonstrator or executive vehicles.
The vehicle itself can only be considered defective if the dealer cannot fix it after four tries or if the problem prevents you from using it for more than 30 days which does not have to be consecutive. This means that it should seriously affect the use, value or safety of the vehicle.
Unlike other states where there is a deadline given to which you have to file a suit, Wisconsin doesn’t but a judge will be the one who will decide the merits of the case.
Before you file a case, you should get a repair order for reach visit even if the shop does not diagnose the problem or attempt to do any repairs because this document shows that the problem you encountered was reported and the date it was brought in the shop. You should also keep contracts and warranties in a safe place so this will easily be found when it is needed.
The best place to get help if you have a lemon is to get assistance from Wisconsin’s Department of Transportation since they have the proper forms to request the manufacturer for a refund or replacement vehicle. They will also be able to give you more information about how to exercise your rights as a consumer under the law.
Once the form has been filled up, this has to be mailed to the manufacturer’s address that can be found inside the user’s manual. You should probably send this through certified mail to make sure that it was received.
The manufacturer has 30 days to respond to your request. If you are asking for a refund, aside from the full purchase price they have to include sales tax, any finance charges and collateral costs again minus the mileage. If you are getting a replacement, the manufacturer should only refund your collateral costs and charge nothing from mileage.
Collateral costs refer to alternative transportation expenses because the vehicle was in the shop, towing charges if the vehicle broke down in the middle of the road and repairs costs that were incurred to try and fix the problem.
If the manufacturer refuses to give you a refund or replacement, you can consider an arbitration program. This is free and you don’t need a lawyer. In fact, most car companies have one and you are required to go through the process if it is certified.
But if it is not certified by the state, you are not required to. Instead, you can hire an attorney and take this matter to court so the judge can decide on the matter. If you sue the manufacturer and win, you may get double the vehicle’s purchase price plus other costs including the attorney fees.
The lemon law is quite complex so it is best to hire a lawyer that specializes in it. You can look for someone in the directory or get help from the State Bar of Wisconsin Attorney Referral Service or the WisBar Layer Referral and Information Service.
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The Rhode Island Lemon Law applies to new cars, vans, motorcycles or trucks less than 10,000 lbs that were purchased, leased and registered in Rhode Island that have a defect or condition that has not yet been fixed after 4 attempts by the manufacturer. It may also apply if the vehicle has been in the shop for more than 30 days during the first year.
The problem must impair the vehicle’s use, value or safety and must be reported within the first 12 months or 15,000 miles whichever comes first. If your vehicle falls outside such guidelines, you can check what federal warranty laws may apply.
In order for the lemon law to apply in your situation, you have to give the manufacture some time to try and fix the problem. If they are unable to fix it after 3 attempts, you can already write them a formal notice stating that if this matter is not resolved, you have no other recourse but to demand for a refund or replacement. The manufacturer has 7 days to comply with this or face arbitration.
If nothing still happens, a hearing will be scheduled and a panel of experts will be called in to review your case. During the hearing, you will have to present documents that show you gave the manufacturer ample time to repair the problem. This law also applies to leased vehicles.
When the ruling is made in favor of the customer, you can choose whether to get a refund or have this replaced. Just remember that the manufacturer may appeal that ruling just like you if it did not go your way.
Should this happen, you can take this matter to court hoping that a judge will look favorable on your situation. If you win, you don’t have to worry paying for legal fees because under the law, the manufacturer is required to shoulder it.
It will take some time to find a lawyer that will handle your case. You can get help from the office of the Attorney General or look online to find someone who specializes in these matters. So you know that this person will be able to devote their time and effort, ask them some questions like what is their workload, how often have they done this and the length of time it will take before a decision is made.
If you think that the fees that the lawyer will be charging are way beyond your budget, don’t worry because if the judge sees that your car is indeed a lemon, the manufacturer will be instructed to pay for the legal fees.
The Rhode Island lemon law only applies to new cars so if you can’t argue this if you are driving an old car. Will you be able to tell at once if your car is a lemon? The answer is no because this is something you will know in time when you are already behind the wheel and get the chance to drive it.
If a problem appears, take note of it and keep track if it happens again. Remember, one instance is not enough to tell you that your car is a lemon. By law, there has to be four repair attempts to try before you can exercise your right to get a refund or a replacement.
Lemon Law Related Articles
- The Lemon Law in Washington
- A Guide to Lemon Law Attorneys Southern California
- Finding the Right Lawyer to Represent You in a Lemon Law Suit
- Four Ways to Look for Lemon Law Lawyers
- Georgia Lemon Law for Dummies
- How to work with Lemon Law Attorneys, Los Angeles
- Lemon law attorneys, California: Qualities to look for
- Lemon Law in Arkansas
- Lemon Law in Florida
- Lemon Law in Rhode Island
- Lemon Law in Wisconsin
- The Arbitration Process in the Lemon Law
- The California Lemon Law
- The Deal about Lemon Law Lawyers San Diego
- The Lemon Law
- The Lemon Law in Illinois
- The Lemon Law in New Jersey
- The Lemon Law in New York
- The Lemon Law in Texas
- The Massachusetts Lemon Law
- Things to Remember for Used Car Lemon Law
- Tips about Lemon Law Attorneys San Diego
- What is the Lemon Law
- What You Need To Know About Lemon Law Lawyers California