Friday, March 20, 2009

Wisconsin's lemon law : What is lemon?


If the motor vehicle you buy or lease turns out to be a "lemon," the manufacturer has to replace it free or refund the price (minus a reasonable amount for mileage).
What is a "lemon"?
A new vehicle - no more than a year old and still under warranty - is a "lemon" if
It has a serious defect the dealer can't fix in four tries, or
It has one or many defects that prevent you from using it for 30 days or more (the 30 days need not be consecutive)
What is a defect?A defect covered by the Lemon Law must seriously affect the use, value or safety of your vehicle and must be covered by the warranty. An irritating rattle may not be "serious" enough to make your car a lemon. Stalling probably is.
What vehicles are covered?The law covers any new car, truck, motorcycle or motor home you buy or lease, even if you register the vehicle in another state. It also covers a demonstrator or executive vehicle.
How long are you covered?The lemon law includes no deadline for filing a lemon law suit; a court would decide if your case were too old.
Is your vehicle a lemon?Your vehicle is a lemon if all of the following statements are true:
You bought or leased a new vehicle.
The vehicle is a car, truck, motorcycle or motor home.
The vehicle developed a defect or defects during its first year and before the warranty expired.
The defect seriously harms the vehicle's use, value or safety.
One of the following happened during the vehicle's first year and before the warranty expired:
The dealer failed four times to fix the same defect; OR
The vehicle was out of service for 30 days or more due to defects

2 comments:

  1. The truth is that it does not matter what you can afford to pay. Pennsylvania, and most other states, have provisions in the Lemon Law that allow for recovery of your attorney fees in the event that you have a lemon. In that regard, most reputable lemon law attorneys (myself included) do not charge an up-front retainer of any sort. We rely on the merits of your claim and the applicable laws that we proceed under to account for collection of our attorney fees. In essence, in a lemon law claim, while you have hired an attorney to represent you, you typically will not pay him anything out of your pocket.

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  2. Thanks for the information. I've been researching lemon laws and looking into getting an Attorney for lemon law cases. Long story, but I recently bought a car from a used car dealer and it was not offered with a warranty. Things just kept needing to be replaced and the dealer refused to cover it because he sold it to me as is.

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