Wisconsin Lemon Law

Wisconsin’s lemon law — codified at Wis. Stat. § 218.0171 — is widely regarded as one of the strongest consumer-favorable Lemon Laws in the country because of its automatic double damages plus mandatory attorney fees mechanism under § 218.0171(7) when manufacturers fail to comply with the 30-day refund/replacement window. The 30-day clock was famously tightened by the Wisconsin Supreme Court in Marquez v. Mercedes-Benz USA, LLC (2012 WI 57), holding that any failure to deliver a complete refund within 30 days triggers automatic double damages — with no willfulness or bad-faith showing required, subject only to the manufacturer’s narrow affirmative defense that the consumer’s intentional conduct prevented timely refund.

Wisconsin is distinctive in four ways:

1. Automatic double damages under § 218.0171(7) — the manufacturer’s failure to deliver refund or replacement within 30 days of the consumer’s written election triggers automatic doubling of pecuniary damages. Among the few state Lemon Laws with a damage-multiplier built into the statute itself (rather than relying on a UDAP overlay).
2. Mandatory attorney fees under § 218.0171(7) for prevailing consumer — among the strongest Lemon Law fee provisions in the country (comparable to CA / NJ / NC / OH / PA / NY / VA / MA).
3. The 30-day window strictly enforced — Marquez v. Mercedes-Benz USA (2012 WI 57) held that ANY material non-compliance within the 30-day window — even partial payment, even minor calculation errors — triggers automatic doubling. Manufacturers cannot avoid double damages by substantial compliance; their only escape is proving the consumer intentionally thwarted the refund.
4. Harley-Davidson Milwaukee HQ — making H-D a home-state defendant for motorcycle Lemon Law claims in Wisconsin Circuit Court. Plus Mercury Marine (Fond du Lac) for boat-engine warranty issues (though boat engines fall outside the auto Lemon Law).

This page is the hub for our Wisconsin coverage. Use the topic guides for deeper reading:

• The Law — § 218.0171 Lemon Law, the automatic double damages provision, Magnuson-Moss, repair-attempt presumption, and statute of limitations.
• The Process — Documented repair attempts, written election, the 30-day clock, manufacturer’s informal dispute settlement procedure, and court action.
• Remedies — Refund, replacement, automatic double damages, mandatory § 218.0171(7) attorney fees.
• Qualifying Defects — Defect categories that meet Wisconsin’s “substantially impair” test.
• Vehicle Types — Used vehicles, leases, EVs, motorcycles (Harley-Davidson!), RVs, commercial vehicles.
• Manufacturers — Common case patterns by brand in the Wisconsin market.
• FAQ — Common questions about Wisconsin lemon-law claims.

Who’s protected

Wisconsin’s Lemon Law (Wis. Stat. § 218.0171(1)(b)) covers:

• New motor vehicles purchased or leased in Wisconsin for personal, family, or household use.
• Demonstrators sold under new-vehicle warranties.
• Motorcycles — Wisconsin covers motorcycles (relevant given Harley-Davidson’s Milwaukee HQ).
• Motor homes — fully covered as motor vehicles.
• Heavy-duty trucks — covered with no GVWR cap (vehicles over 10,000 lbs follow the heavy-duty remedy timeline).
• Subsequent transferees during the warranty period.

The statute’s “motor vehicle” definition reaches nearly any vehicle required to be registered in Wisconsin; the only excluded vehicle types are mopeds, semitrailers, and trailers designed for use in combination with a truck or truck tractor.

The 1-year warranty period window

Wisconsin’s eligibility window under Wis. Stat. § 218.0171(1)(h) is the manufacturer’s express warranty period or 1 year after first delivery, whichever first. Among the shortest combined Rights Periods in the country:

• Wisconsin: 1 year or end of express warranty (whichever first)
• Michigan: 1 year (no mileage cap)
• Colorado: 1 year
• Massachusetts: 1 year / 15,000 miles (tightest combined)
• Ohio: 12 months / 18,000 miles
• Most peer states: 2 years / 24,000 miles

Outside the 1-year window, Wisconsin’s general 6-year UCC warranty SOL under Wis. Stat. § 402.725 and Magnuson-Moss (4-year limit) remain available.

The “reasonable number of attempts” test

Wisconsin applies thresholds under Wis. Stat. § 218.0171(1)(h):

• Four or more repair attempts for the same nonconformity; OR
• 30 or more cumulative calendar days out of service for repair.

See our repair-attempt presumption article.

The consumer’s written election + 30-day clock

The signature mechanism of Wisconsin’s Lemon Law: After the repair-attempt thresholds are met, the consumer serves the manufacturer with a written election of either refund or replacement. The manufacturer then has exactly 30 days to deliver the elected remedy in full.

If the manufacturer fails to comply within 30 days — including partial payment, incomplete calculations, or any material deficiency — automatic double damages under § 218.0171(7) attach, plus mandatory attorney fees, with NO willfulness showing required. The Wisconsin Supreme Court in Marquez v. Mercedes-Benz USA (2012 WI 57) tightened this clock significantly — manufacturers cannot rely on substantial compliance, and can defeat doubling only by proving the consumer’s intentional conduct prevented timely refund.

See double damages article.

The manufacturer’s informal dispute settlement procedure

Under Wis. Stat. § 218.0171(2)(c), if the manufacturer has established a qualifying informal dispute settlement procedure meeting 16 C.F.R. Part 703 (typically BBB Auto Line), the consumer must use it before filing suit.

What you can recover

A successful Wisconsin Lemon Law case typically produces:

• Refund — purchase price, sales tax, license fees, plus incidental costs, minus reasonable use deduction.
• Replacement — comparable new vehicle.
• AUTOMATIC DOUBLE DAMAGES under § 218.0171(7) if the 30-day window is missed.
• MANDATORY § 218.0171(7) attorney fees.
• Reimbursement of incidental damages.

What to do next

1. Document everything. See our evidence guide.
2. Stay within the 1-year window.
3. Send written election clearly stating refund or replacement.
4. Track the 30-day clock carefully — Wisconsin’s signature mechanism.
5. Use the manufacturer’s BBB Auto Line if certified.
6. File court action if the manufacturer misses the 30-day window — automatic double damages + mandatory fees attach.
7. Get a free case review from a Wisconsin lemon-law attorney.

Explore Wisconsin lemon law

Topic

The Law: Wisconsin Lemon Law and Double Damages

The statutes behind a Wisconsin lemon-law claim — § 218.0171 Lemon Law (with automatic double damages), Magnuson-Moss, and timing rules.

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The Wisconsin Lemon Law Process

Step-by-step: how a Wisconsin lemon-law case moves through repair attempts, written election, the famously strict 30-day refund/replacement clock, manufacturer arbitration, court action, and double damages.

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Wisconsin Lemon Law Remedies

What you can recover under Wisconsin's lemon-law framework — refund, replacement, cash-and-keep, AUTOMATIC DOUBLE DAMAGES on 30-day non-compliance, and mandatory § 218.0171(7) attorney-fee recovery.

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Qualifying Defects Under Wisconsin Lemon Law

What kinds of vehicle defects qualify for a Wisconsin Lemon Law refund — the substantial-impairment test under Wis. Stat. § 218.0171(1)(f).

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Vehicle Types Covered by Wisconsin Lemon Law

How Wisconsin's Lemon Law applies to used cars, leases, EVs, motorcycles (including Harley-Davidson!), RVs, and commercial vehicles.

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Wisconsin Lemon Law Cases by Manufacturer

How the Wisconsin Lemon Law applies to specific manufacturers — including Harley-Davidson home-state cases.

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Wisconsin Lemon Law — Frequently Asked Questions

Quick answers to the most-asked questions about Wisconsin's Lemon Law and the automatic double damages mechanism.

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