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- Get a repair order
for every repair visit, even if the shop doesn't
diagnose the problem or attempt a repair. A
repair order should show the problem you report,
and the dates your car is in the shop.
- Keep purchase
contracts, warranties, and repair orders to prove
you have a lemon. Don't keep repair orders in
your car where they may get lost.
- We strongly urge you to use the Wisconsin Department of Transportation's
(WisDOT) Motor Vehicle Lemon Law
Notice
form to ask the manufacturer
for a refund or replacement vehicle. The Lemon Law Notice includes important language required under the lemon law.
Send the
form to the manufacturer at the address in your
owners manual. The manufacturer has 30 days to respond. Your refund should include the
full purchase price, sales tax, any finance
charge, and collateral costs (for example,
repairs, towing, alternative transportation),
minus the mileage deduction allowed by law. If
you get a replacement vehicle, the manufacturer
should refund your collateral costs and charge
nothing for mileage.
- If you return to the
manufacturer a vehicle that has missing equipment
or unrepaired damage beyond normal wear and tear,
a manufacturer may want to negotiate a damage
deduction. You should not be responsible for
paying for normal wear and tear, such as minor
dents, scratches, pitted glass, soiled carpets,
minor stains or tears. Feel free to have the
damage appraised at a location you choose, or to
have it repaired rather than paying a deduction.
- If you don't get a
refund or replacement by writing the
manufacturer, consider using your manufacturer's
arbitration program. If your manufacturer has a
program certified by WisDOT, you must
use it before you can sue under the Lemon Law. If
your manufacturer's program is not certified, you
do not have to use it. However, if you do use it,
you might get a decision you like. You can reject
any decision you don't like. See the list of arbitration programs listed below.
- Talk to an attorney
if the manufacturer doesn't help you. A court may
need to decide if your vehicle is a lemon and
what settlement you deserve. If you sue the
manufacturer and win, you could get double the
vehicle purchase price, plus other costs and
attorney fees. To find an attorney who handles
Lemon Law cases, contact the State Bar of
Wisconsin Attorney Referral Service
toll-free at (800) 362-9082, or at (608) 257-4666 or WisBar
Lawyer Referral and Information Service.
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