Lemon Law Wisconsin
Introducing Larry Towers

What We Must Prove to Win a Lemon Law Case:

LEGAL DEFINITION OF A LEMON VEHICLE: Your vehicle must be purchased new (or as a demonstrator or executive driven vehicle). I do not accept used vehicle cases.

LEGAL DEFINITION OF A LEMON VEHICLE: Your vehicle can be a car, light truck, heavy truck, motorhome, motorcycle, or motorized wheel chair. I have also represented clients with new water craft and ATVs under a federal consumer protection law.

LEGAL DEFINITION OF A LEMON VEHICLE: Your vehicle must have been delivered in Wisconsin (usually, you must purchase it from a Wisconsin dealer). I do not take cases where the vehicle was purchased in another state. I do take cases where the vehicle was purchased in Wisconsin regardless of where the client lived or lives.

LEGAL DEFINITION OF A LEMON PROBLEM: Within the first year after delivery, the vehicle must suffer one or more substantial warranty problems. The Lemon Law defines "substantial" as a substantial impairment of the use, value or safety of the vehicle. A vehicle that won't start or won't stop clearly is substantial. Minor paint blemishes, excessive wind noise, etc. probably are not substantial. I believe I have sufficient experience with Lemon Law cases to tell the difference.

LEGAL DEFINITION OF A LEMON LAW VIOLATION: Within the first year after delivery, either: (a) the same substantial problem must be the subject of at least four unsuccessful repair attempts; or (b) any number of substantial problems have caused the vehicle to be "out of service" at least 30 calendar days in the aggregate. Note: Sometimes a client has only two repair orders but the vehicle was in the shop multiple times on one of the repair orders. This might qualify as a lemon. Also, sometimes the car was in the shop only, say, 20 days but the client had to wait 10 or more days for appointments or while parts were ordered. This might qualify as a lemon as well based on Vultaggio v. General Motors, a case I successfully litigated and now is established Wisconsin law.


What you receive if we prove your Lemon Law case:

A Wisconsin Lemon Owner is entitled to his/her choice of (a) a new, comparable and comparably-equipped vehicle; or (b) refund of everything you paid at purchase, plus all finance interest actually paid, plus all collateral costs you incurred, less a statutorily defined mileage offset that usually totals only a few hundred dollars.

If the manufacturer fails to voluntarily honor the Lemon Law, you also are entitled to payment of any attorney's fees you incur and you also are entitled to double damages as a punishment.

NOTE: Before the attorney's fees provision of the Wisconsin Lemon Law is triggered, the lemon owner is required to send a Lemon Law Notice to the manufacturer and the manufacturer has 30 days to honor your Notice and provide your choice of monetary refund or replacement vehicle. I much prefer to be contacted
before the Lemon Law Notice is sent. Completing the Lemon Law Notice is not always as simple as it appears and like they say on TV: "anything you say can and will be used against you in a court of law." I have had to decline cases based on what was said in the Notice and almost always I redraft the Notice and wait another 30 days when a client completes it him/her self. You do not pay me for these service so why do it yourself and jeopardize your case? Indeed, I like to be contacted before the end of the first year even if you do not think your vehicle qualifies just yet.
 

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