Lemon Law Complaint

[DEFENDANT_MANUFACTURER_FULL_LEGAL_NAME], )
a [State of Incorporation] corporation, and )
)
[DEFENDANT_DEALERSHIP_FULL_LEGAL_NAME], )
a Wisconsin corporation, )
)
Defendants. )

COMPLAINT AND DEMAND FOR JURY TRIAL

TABLE OF CONTENTS

1. I. Document Header
2. II. Definitions
3. III. Parties, Jurisdiction, and Venue
4. IV. Operative Allegations (Factual Background)
5. V. Representations & Warranties (Statutory Allegations)
6. VI. Covenants & Ongoing Obligations
7. VII. Defaults & Statutory Remedies
8. VIII. Risk Allocation
9. IX. Dispute Resolution
10. X. Prayer for Relief
11. XI. Jury Demand
12. XII. Verification & Signature Blocks

I. DOCUMENT HEADER

1. Effective Date. This Complaint is filed on [FILING_DATE].
2. Governing Law. All claims arise under, and are to be adjudicated pursuant to, the Wisconsin Lemon Law, Wis. Stat. § 218.0171 (2023), and other applicable Wisconsin statutes and common law.

II. DEFINITIONS

For purposes of this Complaint, each capitalized term below has the meaning assigned.

A. “Accepted Nonconformity Period” means the earliest of (i) completion of four (4) attempts to repair the same Nonconformity, or (ii) the expiration of thirty (30) cumulative calendar days during which the Subject Vehicle has been out of service by reason of repairs of one or more Nonconformities.

B. “Manufacturer” means Defendant [DEFENDANT_MANUFACTURER_FULL_LEGAL_NAME].

C. “Nonconformity” has the meaning set forth in Wis. Stat. § 218.0171(1)(f): a condition or defect that substantially impairs the use, value, or safety of a motor vehicle, and that is covered by an applicable warranty.

D. “Plaintiff” means [PLAINTIFF_FULL_LEGAL_NAME].

E. “Subject Vehicle” means the [YEAR, MAKE, MODEL, VIN] purchased by Plaintiff on [PURCHASE_DATE].

III. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is an individual adult resident of [PLAINTIFF_COUNTY] County, Wisconsin, and the registered owner of the Subject Vehicle.

2. Manufacturer is a [State] corporation with its principal place of business at [MANUFACTURER_ADDRESS] and is authorized to do business in Wisconsin.

3. Dealership is a Wisconsin corporation with its principal place of business at [DEALERSHIP_ADDRESS], and it sold the Subject Vehicle to Plaintiff.

4. This Court has subject-matter jurisdiction pursuant to Wis. Stat. § 801.04(1) because the amount in controversy exceeds $10,000 exclusive of interest and costs, and the action arises under Wisconsin statutes.

5. Venue is proper in [COUNTY] County under Wis. Stat. § 801.50(2)(a) because at least one Defendant resides or does substantial business in this county and the transaction at issue occurred here.

6. All conditions precedent to the filing of this action have been performed, waived, or have otherwise occurred, including any informal dispute settlement procedures available under Wis. Stat. § 218.0171(4)(e).

IV. OPERATIVE ALLEGATIONS (FACTUAL BACKGROUND)

7. On [PURCHASE_DATE], Plaintiff purchased the Subject Vehicle from Dealership for $[PURCHASE_PRICE], financed under Retail Installment Contract No. [CONTRACT_NUMBER]. A true and correct copy of the sales contract is attached as Exhibit A.

8. The Subject Vehicle was accompanied by the Manufacturer’s New Vehicle Limited Warranty, a copy of which is attached as Exhibit B.

9. Subsequent to delivery, the Subject Vehicle manifested the following defects (“Nonconformities”):
   a. [DESCRIPTION_OF_DEFECT_1];
   b. [DESCRIPTION_OF_DEFECT_2]; and
   c. [ADDITIONAL_DEFECTS, if any].

10. Between [FIRST_REPAIR_ATTEMPT_DATE] and [LAST_REPAIR_ATTEMPT_DATE], Plaintiff presented the Subject Vehicle to authorized repair facilities on at least four occasions for the same Nonconformity and/or the vehicle was out of service for a cumulative total exceeding thirty (30) days. A repair chronology is attached as Exhibit C.

11. Despite reasonable repair opportunities, Defendants failed to conform the Subject Vehicle to the warranty, and the Nonconformities substantially impair its use, value, and safety.

12. On [FINAL_DEMAND_LETTER_DATE], Plaintiff provided written notice to Manufacturer demanding replacement of the Subject Vehicle with a comparable new vehicle or, in the alternative, refund of the full purchase price pursuant to Wis. Stat. § 218.0171(2)(b)2. A copy of said notice is attached as Exhibit D.

13. More than thirty (30) days have elapsed since Manufacturer’s receipt of Plaintiff’s demand, and Manufacturer has failed or refused to comply.

V. REPRESENTATIONS & WARRANTIES (STATUTORY ALLEGATIONS)

14. Plaintiff realleges and incorporates by reference paragraphs 1–13.

15. Manufacturer warranted that the Subject Vehicle was free from defects and would meet the specifications set forth in its warranty documentation.

16. At all material times, the Subject Vehicle was covered by an express warranty within the meaning of Wis. Stat. § 218.0171(1)(c).

17. Each Nonconformity constitutes a breach of warranty and violation of Wis. Stat. § 218.0171(2)(a).

VI. COVENANTS & ONGOING OBLIGATIONS

18. Defendants had, and continue to have, statutory obligations to either (i) replace the Subject Vehicle with a comparable new vehicle; or (ii) accept return of the Subject Vehicle and refund the purchase price, less a reasonable allowance for use, all as prescribed by Wis. Stat. § 218.0171(2)(b).

19. Defendants have failed to honor these statutory obligations, and such failure is continuing.

VII. DEFAULTS & STATUTORY REMEDIES

20. The events described in paragraphs 9–13 constitute Manufacturer’s default under Wis. Stat. § 218.0171(2).

21. Pursuant to Wis. Stat. § 218.0171(7), Plaintiff is entitled to double the amount of pecuniary loss, together with costs, disbursements, and reasonable attorney’s fees.

22. Plaintiff additionally seeks injunctive relief in the form of an order compelling Defendant Manufacturer immediately to replace the Subject Vehicle with a comparable new motor vehicle.

VIII. RISK ALLOCATION

23. To the extent damages are limited by law, Plaintiff’s recovery shall not exceed the full statutory remedy, including but not limited to the vehicle’s purchase price plus collateral charges and any doubling thereof under Wis. Stat. § 218.0171(7).

IX. DISPUTE RESOLUTION

24. Governing Law. All claims are governed by the laws of the State of Wisconsin.

25. Forum. The parties are subject to the exclusive jurisdiction of this Court pursuant to Wis. Stat. § 801.05.

26. Arbitration. Wisconsin Lemon Law does not mandate arbitration; to the extent any Defendant asserts an informal dispute settlement procedure, Plaintiff has satisfied any condition precedent or such procedure is inadequate under Wis. Stat. § 218.0171(4)(e).

27. Jury Waiver. Plaintiff does not waive the constitutional right to trial by jury and affirmatively demands a jury trial on all triable issues.

28. Injunctive Relief. Nothing herein shall preclude the Court from issuing preliminary or permanent injunctive relief compelling vehicle replacement.

X. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against Defendants, jointly and severally, as follows:

a. An order pursuant to Wis. Stat. § 218.0171(2)(b) directing Manufacturer to replace the Subject Vehicle with a new, comparable vehicle, or alternatively to accept return of the Subject Vehicle and refund the full purchase price, plus collateral charges;

b. Double pecuniary damages under Wis. Stat. § 218.0171(7);

c. Incidental and consequential damages as allowed by law;

d. Reasonable attorney’s fees, costs, and disbursements pursuant to Wis. Stat. § 218.0171(7);

e. Pre- and post-judgment interest as permitted by law; and

f. Such other and further relief as the Court deems just and proper.

XI. JURY DEMAND

Pursuant to Article I, Section 5 of the Wisconsin Constitution and Wis. Stat. § 805.01, Plaintiff demands a trial by jury on all issues so triable.

XII. VERIFICATION & SIGNATURE BLOCKS

A. Attorney Signature

Respectfully submitted this [DATE].

[LAW FIRM NAME]  
By: ____________________________________  
[ATTORNEY_NAME], State Bar No. [BAR_NUMBER]  
[ADDRESS_LINE_1]  
[ADDRESS_LINE_2]  
Telephone: [PHONE]  
Email: [EMAIL]  
Attorney for Plaintiff

B. Client Verification (Wis. Stat. § 802.05)

STATE OF WISCONSIN   )
                     ) ss.
[COUNTY] COUNTY      )

I, [PLAINTIFF_NAME], being first duly sworn on oath, state that I have read the foregoing Complaint, know the contents thereof, and that the same is true to the best of my knowledge, information, and belief.

__________________________________  
[PLAINTIFF_NAME]

Subscribed and sworn to before me
this ___ day of __________, 20__.

__________________________________  
Notary Public, State of Wisconsin
My commission expires: ___________

EXHIBIT LIST (Placeholders)

• Exhibit A – Retail Installment Sale Contract
• Exhibit B – Manufacturer’s Warranty Booklet
• Exhibit C – Repair Order Chronology
• Exhibit D – Plaintiff’s Statutory Demand Letter

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