The Wisconsin Lemon Law (Wis. Stat. § 218.0171)

The Wisconsin Lemon Law is codified at Wis. Stat. § 218.0171. Wisconsin’s framework pairs a tight 1-year Rights Period with 4-attempt / 30-day OOS thresholds — but the signature feature is the automatic § 218.0171(7) double damages on 30-day non-compliance plus mandatory § 218.0171(7) attorney fees. Combined with the strict-construction Marquez v. Mercedes-Benz USA precedent, Wisconsin is one of the strongest consumer-favorable jurisdictions in the country.

The core promise

Wis. Stat. § 218.0171(2)(b) requires a manufacturer to refund or replace a new motor vehicle when:

• The manufacturer (or its authorized agent) cannot repair a defect that substantially impairs the use, value, or safety of the vehicle within a reasonable number of attempts; AND
• The defect was reported during the warranty period; AND
• The dispute arises within 1 year of original delivery OR during the express warranty period, whichever first.

Who’s covered

The Act covers:

• New motor vehicles purchased or leased in Wisconsin.
• Vehicles primarily for personal, family, or household use.
• Demonstrators sold under new-vehicle warranties.
• Motorcycles — explicitly covered (relevant given Harley-Davidson Milwaukee HQ).
• Motor homes and heavy-duty trucks — covered; there is no GVWR cap (vehicles over 10,000 lbs are “heavy-duty,” which only adjusts the manufacturer’s remedy timeline).
• Subsequent transferees during the manufacturer’s warranty.

The statute excludes only mopeds, semitrailers, and trailers designed for use in combination with a truck or truck tractor.

The 1-year window

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

• Wisconsin: 1 year
• Michigan: 1 year (no mileage cap)
• Colorado: 1 year
• Massachusetts: 1 year / 15,000 miles
• Most peer states: 2 years / 24,000 miles

What “substantially impairs” means

Wis. Stat. § 218.0171(1)(f) defines a “nonconformity” as a defect that “substantially impairs the use, value, or safety” of the vehicle. Three-prong test (use OR value OR safety).

What “reasonable number of attempts” means

Wisconsin’s framework under Wis. Stat. § 218.0171(1)(h):

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

See our repair-attempt presumption article.

The written election + 30-day clock

After meeting the thresholds, the consumer serves written election of refund or replacement. The manufacturer then has exactly 30 days to deliver the elected remedy in full.

Day 31 — automatic double damages attach if not fully delivered, plus mandatory attorney fees. NO willfulness required.

The manufacturer’s informal dispute settlement procedure

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

What you can recover

• Refund — purchase price plus sales tax plus collateral charges, minus reasonable use deduction.
• Replacement — comparable new vehicle.
• AUTOMATIC double damages if 30-day window missed.
• MANDATORY § 218.0171(7) attorney fees.
• Reimbursement of incidental damages.

§ 218.0171(7) mandatory attorney fees + double damages

Wis. Stat. § 218.0171(7) provides:

Any consumer who suffers any loss due to a violation of this section may bring an action to recover damages… The court shall award twice the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees.

Key features:

1. “Shall award” — mandatory.
2. “Twice the amount of any pecuniary loss” — automatic doubling.
3. Mandatory attorney fees — among the strongest Lemon Law fee provisions in the country.

This combination — automatic doubling plus mandatory fees — is what makes Wisconsin uniquely consumer-favorable.

How Wisconsin compares to other states

Feature	Wisconsin	Most others
Lemon Law damage multiplier	AUTOMATIC 2× (built into statute)	None (UDAP overlay only)
Lemon Law attorney fees	Mandatory	Discretionary (most) / Mandatory (CA/NJ/NC/etc.)
30-day clock with automatic doubling	Yes	No
Strict-construction precedent (Marquez)	Yes	n/a

Court action

Wisconsin Lemon Law cases are pursued in Wisconsin Circuit Court. Magnuson-Moss provides concurrent federal-court jurisdiction (E.D. Wis. — Milwaukee, Green Bay; W.D. Wis. — Madison) for cases over $50K.

Bottom line

Wisconsin’s Lemon Law is one of the most consumer-favorable in the country — automatic § 218.0171(7) double damages on 30-day non-compliance plus mandatory attorney fees plus Marquez strict-construction precedent. The 1-year Rights Period is tight, but the damage-and-fee mechanism is uniquely strong.

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