Replacement Vehicle Under Wisconsin Lemon Law

Under Wis. Stat. § 218.0171(2)(b), the consumer may elect a replacement vehicle instead of a refund when the Lemon Law standard is met. The same 30-day delivery clock applies — and automatic § 218.0171(7) doubling attaches if the manufacturer fails to deliver a complete replacement within 30 days of the written election.

What “comparable” means

Wisconsin requires a substantially identical new vehicle:

• Same make, model, model year (or current year if older is unavailable).
• Same trim and major options.
• Comparable color (if available).

What the manufacturer must provide within 30 days

• A comparable new vehicle.
• New manufacturer warranty.
• Title and registration properly transferred.
• Plate transfer (if eligible).
• Sales tax differential paid (if any).

Failure to deliver in full within 30 days — including title/registration paperwork delays — triggers automatic doubling.

What the consumer keeps

• The full new-vehicle warranty period restarts.
• Plate transfer where eligible.

What the consumer surrenders

• The original defective vehicle.
• Original title.
• Original registration.

When replacement makes sense

• Low mileage on the original vehicle.
• Strong loyalty to the brand / model.
• The defect is a manufacturing issue not tied to the specific build slot.

When refund makes sense over replacement

• The defect is endemic to the model line.
• The vehicle’s market value has declined.
• The consumer wants to switch brands.

Replacement-specific 30-day clock issues

Replacement is logistically harder than refund — the manufacturer must locate / build a comparable vehicle. Common 30-day clock failures specific to replacement:

• Cannot locate comparable vehicle within 30 days.
• Build-to-order replacement takes longer than 30 days.
• Title transfer delays exceed 30 days.

Each of these triggers automatic doubling under Marquez. Consumers may need to choose refund over replacement to ensure manufacturer can comply within the window.

Mechanics

1. Day 0: Written election received by manufacturer.
2. Manufacturer locates / builds replacement vehicle.
3. Days 1-30: Delivery scheduled and completed.
4. Title and registration transfer.
5. Original vehicle surrendered.
6. New warranty period begins.

Bottom line

Replacement under Wisconsin Lemon Law is subject to the same 30-day clock as refund — and the logistical complexity of locating a comparable vehicle often makes 30-day compliance harder for the manufacturer. Many Wisconsin attorneys recommend refund elections over replacement when 30-day delivery is uncertain.

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