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Wisconsin Lemon Laws

Wisconsin lemon laws are dealt with in Wisconsin Statutes, Chapter 218 (Repair, replacement and refund under new motor vehicle warranties) Section 218.0171 et seq.  Nonconformity is a defect or condition of a vehicle that significantly spoils the use, value, safety or market value of the vehicle.  A motor vehicle is defective if it does not conform to all applicable express warranties.  The prescribed time limit for manufacturer repair is the term of such express warranties or during the period of one year following the date of original delivery of the motor vehicle to the consumer, whichever period expires earlier.  This time limit is prescribed in Section 218.0171.  During this time limit the consumer should report any nonconformity, defect, or condition to the manufacturer, its agent, or its authorized dealer.  The manufacturer, its agent, or its authorized dealer should repair or correct the nonconformity, defect, or condition at no charge to the consumer, within this time period.
Certain remedies are available to the consumer if the manufacturer, its agent, or authorized dealer is unable to repair or correct any nonconformity, defect, or condition which results in significant impairment of the motor vehicle, after a reasonable number of attempts.  The manufacturer should either replace the motor vehicle with a comparable motor vehicle, or accept return of the motor vehicle from the consumer and refund to the consumer.  The refund consists of the full purchase price including any sales tax, finance charge, amount paid by the consumer at the point of sale and collateral costs after deducting reasonable depreciation.  The consumer has the option to choose from either of the two remedies.  The remedies are enumerated under Section 218.0171.

Wis. Stat. § 218.0171
Repair, replacement and refund under new motor vehicle warranties:
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4.(f) “Nonconformity” means a condition or defect which substantially impairs the use, value or safety of a motor vehicle, and is covered by an express warranty applicable to the motor vehicle or to a component of the motor vehicle, but does not include a condition or defect which is the result of abuse, neglect or unauthorized modification or alteration of the motor vehicle by a consumer.(h) “Reasonable attempt to repair” means any of the following occurring within the term of an express warranty applicable to a new motor vehicle or within one year after first delivery of the motor vehicle to a consumer, whichever is sooner:
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(2) (a) If a new motor vehicle does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motor vehicle lessor or any of the manufacturers authorized motor vehicle dealers and makes the motor vehicle available for repair before the expiration of the warranty or one year after first delivery of the motor vehicle to a consumer, whichever is sooner, the nonconformity shall be repaired.(b)

1. If after a reasonable attempt to repair the nonconformity is not repaired, the manufacturer shall carry out the requirement under subd. 2. or 3., whichever is appropriate.

2. At the direction of a consumer described under sub. (1) (b) 1., 2. or 3., do one of the following:

a. Accept return of the motor vehicle and replace the motor vehicle with a comparable new motor vehicle and refund any collateral costs.

b. Accept return of the motor vehicle and refund to the consumer and to any holder of a perfected security interest in the consumers motor vehicle, as their interest may appear, the full purchase price plus any sales tax, finance charge, amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use. Under this subdivision, a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motor vehicle by a fraction, the denominator of which is 100,000 or, for a motorcycle, 20,000, and the numerator of which is the number of miles the motor vehicle was driven before the consumer first reported the nonconformity to the motor vehicle dealer.
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Inside Wisconsin Lemon Laws