Lemon Law

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Lemon Law in Wisconsin

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.

The Massachusetts Lemon Law

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The Massachusetts lemon law is designed to protect customers who have serious defects in their new cars. The state defines a lemon as a vehicle that impairs the use, market value or safety of the vehicle and which has not yet been fixed after a reasonable number of attempts.

This law applies to new cars, motorcycles, cans and trucks bought in Massachusetts from a car dealer for personal or family use. This is valid for one year or 15,000 miles from the original date of delivery whichever comes first. The law does not cover auto homes as well as vehicles used for off-road or business.

Under the law, repair attempts must be done during this period but the manufacturer’s final attempt can be done after the term of protection.

For you to take advantage of this law, you have to show specifically how the defect impairs its use, depreciates its market value or endangers those who use it. You must also have a record of at least 3 or more attempts to try and fix the vehicle as well as show that nothing has changed.

This means keeping a record of all repair work done and making sure that the problem you have complained about is mentioned in the report.

Before you can ask for a refund or a replacement, you have to give the manufacturer one last chance to try and fix the defect. Once the letter is received, they have to do their part within seven business days. This should be sent by certified mail with a return receipt requested.

If at the end of 7 business days nothing happens, you have the right under the lemon law to get a refund or a replacement. If the manufacturer refuses, it is time to request for an arbitration hearing.

Arbitration is inexpensive and an informal way to resolve a complaint. Here, both sides are given the chance to show evidence about the condition of the vehicle. You can either do this with state run arbitration or manufactured sponsored arbitration.

The difference between the two is that state sponsored arbitration bases its decision on the lemon law standards while the manufacturer does not. You can expect a decision in 45 days for a state sponsored one and another 21 days if the manufacturer decides to appeal while the manufacturer is much shorter. If the decision does not go in your favor, you will not get anything.

You have the right to refuse the manufacturer-sponsored arbitration and then take this matter to court. You should just meet the lemon law requirements so that the judge will easily grant a decision in your favor. Failure to do so could mean fines and penalties which you have to pay for so it is best to consult a lawyer so he or she can begin by writing a demand letter to the manufacturer.

When you have the lemon law on your side, you are hoping to get a refund or a replacement vehicle. For those who want a refund, this means the full purchase price including all credits and allowances for any trade in vehicle but part of it will be deducted based on the vehicle’s price and mileage.

If you get a replacement, this is usually of similar model and make. You will also be reimbursed of transfer of registration fees, sales tax, unreimbursed towing and rental charges.