Wisconsin Lemon Law rules at a glance
The Wisconsin Lemon Law is Wis. Stat. § 218.0171.
| Rule | What Wisconsin law says | Source |
|---|---|---|
| Statute | Wis. Stat. § 218.0171 | § 218.0171 |
| Vehicles covered | Motor vehicles required to be registered in Wisconsin, bought or accepted by transfer in the state, including motorcycles; Demonstrator and executive vehicles; Leased vehicles | |
| Not covered | Mopeds, semitrailers and trailers designed for trucks; Defects caused by abuse, neglect or unauthorized modification by the consumer | |
| Protection window | The term of the express warranty or 1 year after first delivery, whichever is sooner | § 218.0171(1)(h) |
| Four Repairs Test | The same defect was repaired 4 or more times and continues | § 218.0171(1)(h)1. |
| 30 Days Out of Service Test | Out of service for an aggregate of at least 30 days because of warranty defects | § 218.0171(1)(h)2. |
| Written notice | Give the manufacturer the Wisconsin DOT form electing a refund or a comparable new vehicle, offering to transfer title. The manufacturer must refund within 30 days, or agree in writing within 30 days to a replacement. | § 218.0171(2)(b), (c), (8) |
| Dispute program first? | If a certified informal dispute program is available to you, you must use it before suing (§ 218.0171(3)). | |
| Deadline | A lawsuit must be started within 36 months after first delivery to a consumer | § 218.0171(7)(a) |
| Usage deduction | price × miles driven before you first reported the defect ÷ 100,000 (motorcycles ÷ 20,000), at most | § 218.0171(2)(b)2.b. |
Four repairs or 30 days under Wisconsin law
Wisconsin law presumes the manufacturer had a reasonable number of chances when any one of these tests is met inside the protection window (the term of the express warranty or 1 year after first delivery, whichever is sooner):
Four Repairs Test
The same defect was repaired 4 or more times and continues.
§ 218.0171(1)(h)1.30 Days Out of Service Test
Out of service for an aggregate of at least 30 days because of warranty defects.
§ 218.0171(1)(h)2.Wisconsin counts a vehicle as out of service when it is at the dealer for repair, and also when you have it but a defect that substantially affects use or safety has already had 2 repair attempts.
Notice to the manufacturer in Wisconsin
Give the manufacturer the Wisconsin DOT form electing a refund or a comparable new vehicle, offering to transfer title. The manufacturer must refund within 30 days, or agree in writing within 30 days to a replacement.
Dispute program first. If a certified informal dispute program is available to you, you must use it before suing (§ 218.0171(3)).
Wisconsin’s 36-month limit to sue
A lawsuit must be started within 36 months after first delivery to a consumer (§ 218.0171(7)(a)).
| Event | Date | Effect |
|---|---|---|
| Vehicle delivered | Mar 15, 2025 | The protection window starts |
| Protection window ends | March 15, 2026 | Repairs after this date do not count toward the tests |
| Sue by | March 15, 2028 | A lawsuit must be started within 36 months after first delivery to a consumer |
How to file a Wisconsin lemon law claim
- Keep every repair orderEach one proves a repair attempt or a day out of service.
- Use a certified dispute program if one is availableWisconsin requires that step before a lawsuit.
- Send the DOT election formChoose a refund or a comparable new vehicle and offer to transfer title to the manufacturer.
- Receive the refund or replacementA refund is due within 30 days. For a replacement the manufacturer must agree in writing within 30 days and deliver by day 45.
- Sue if neededWithin 36 months after first delivery. A consumer who wins recovers pecuniary loss, costs and attorney fees.
Refund, replacement and the Wisconsin deduction for use
| Remedy | What it includes |
|---|---|
| Refund | The full purchase price plus sales tax, finance charges, amounts paid at the point of sale and collateral costs, minus a reasonable allowance for use. The manufacturer must pay within 30 days of your offer to transfer title. |
| Replacement | A comparable new vehicle plus collateral costs; the manufacturer may still pay a refund if no comparable vehicle can be found. |
| Lawsuit | Pecuniary loss, costs, disbursements and reasonable attorney fees for a consumer who wins. |
How the Wisconsin deduction for use is calculated
price × miles driven before you first reported the defect ÷ 100,000 (motorcycles ÷ 20,000), at most (§ 218.0171(2)(b)2.b.).
| Step | Math | Amount |
|---|---|---|
| Purchase price | — | $36,000.00 |
| Deduction for use | 6,000 miles before the first report × $36,000 ÷ 100,000 | −$2,160.00 |
| Refund before taxes, fees and other charges | Those are added under the rules above | $33,840.00 |
The Wisconsin claim timeline
| You elect | Manufacturer must | Deadline |
|---|---|---|
| Refund | Pay the refund once you offer to transfer title | Within 30 days of the offer |
| Comparable new vehicle | Agree in writing to provide it (or a refund) | Within 30 days of the form |
| Comparable new vehicle | Deliver it or pay the refund | By the 45th day after the form |
Out of service even when the car is at home
Wisconsin counts a car as out of service in two situations: when it is at the dealer for repair, and when you have it but a defect that substantially affects its use or safety has already had at least 2 repair attempts (§ 218.0171(1)(g)). That second rule matters when a dealer sends the car home unfixed.
For leases, Wisconsin refunds what you paid under the lease plus sales tax and collateral costs, minus an allowance for use, and pays the leasing company the current value of the lease.
Used cars still under warranty in Wisconsin
Wisconsin covers a person to whom the vehicle is transferred before the express warranty expires, but repairs count only within the warranty or 1 year of first delivery, whichever is sooner. Wisconsin’s Lemon Law depends on an express warranty.
Wisconsin covers motorcycles: the use allowance for a motorcycle divides by 20,000 miles instead of 100,000.
To test your own dates and repair visits, see if your Wisconsin car qualifies.
Wisconsin Lemon Law FAQs
What qualifies as a lemon in Wisconsin?
A vehicle with a warranty defect that substantially impairs use, value or safety, repaired 4 or more times or out of service 30 or more days within the warranty or 1 year of first delivery, whichever is sooner.
How long does a manufacturer have to pay a Wisconsin lemon law refund?
30 days after you offer to transfer title on the DOT form. For a replacement, it must agree in writing within 30 days and deliver by the 45th day.
How is the Wisconsin use allowance calculated?
At most the price × miles driven before you first reported the defect ÷ 100,000, or ÷ 20,000 for a motorcycle.
Does Wisconsin still award double damages for lemon law?
Not under the current statute. Section 218.0171(7)(a) awards the amount of pecuniary loss, costs, disbursements and reasonable attorney fees.
How long do I have to sue under the Wisconsin lemon law?
Within 36 months after the vehicle was first delivered to a consumer (§ 218.0171(7)(a)).
Sources
Checked on October 13, 2026. We re-verify Wisconsin rules when the legislature, the courts or the agency change them. Read how we check every rule in our editorial policy.