Lemon Law Demand Letter — Wisconsin

LEMON LAW DEMAND LETTER — STATUTORY NOTICE

STATE OF WISCONSIN — Wis. Stat. § 218.0171

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY — SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[__/__/____]

[MANUFACTURER LEGAL NAME]
Attn: Customer Relations / Legal Department — Wisconsin Lemon Law
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

[AUTHORIZED DEALER NAME]
Attn: General Manager / Service Director
[DEALER ADDRESS]
[CITY, WI ZIP]

Re: WISCONSIN LEMON LAW DEMAND — Wis. Stat. § 218.0171 STATUTORY NOTICE
Consumer: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM]
VIN: [________________________________]
Purchase / Lease Date: [__/__/____]
Current Odometer: [____] miles
Total Days Out of Service: [____] calendar days

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") regarding the above-described vehicle, which qualifies as a "lemon" under the Wisconsin Motor Vehicle Lemon Law, Wis. Stat. § 218.0171, and the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.

The vehicle has already been through a reasonable attempt to repair within the meaning of Wis. Stat. § 218.0171(1)(h) — the same nonconformity was subject to repair at least four (4) times, or the vehicle was out of service at least thirty (30) days — and this letter, together with the enclosed Department of Transportation notice form, requests the applicable statutory remedy. Wisconsin law does not provide the manufacturer a separate post-notice "final repair attempt." Once a reasonable attempt to repair has occurred and the consumer delivers the notice required by Wis. Stat. § 218.0171(8)(a), the manufacturer must respond and perform within the applicable statutory period. Time is of the essence.

I. WISCONSIN LEMON LAW — KEY PROVISIONS THAT DISTINGUISH WISCONSIN FROM OTHER STATES

A. Leased Vehicles Are Fully Covered

Wisconsin's Lemon Law expressly covers leased vehicles, not just purchased ones. Under Wis. Stat. § 218.0171(1)(b)4, a "consumer" includes "a person who leases a motor vehicle from a motor vehicle lessor under a written lease." Many states exclude leased vehicles; Wisconsin does not. Our Client's vehicle is a ☐ purchased / ☐ leased vehicle and is fully protected under Wis. Stat. § 218.0171.

B. The Repair Window — One Year from Delivery (Shorter Than Most States)

The window in which a nonconformity must first arise and be presented for repair is the earlier of: (a) the full term of the manufacturer's express warranty, or (b) one (1) year from the date of first delivery to the consumer. Wis. Stat. § 218.0171(1)(h) and (2)(a). This is a shorter window than many states' lemon laws, which is why it is critical to act promptly once defects arise. (The separate deadline to file suit is 36 months after first delivery — see Section VI.) All nonconformities described in this letter first manifested within this window.

C. Reasonable Attempt to Repair — Four Repairs or 30 Days Out of Service

A vehicle qualifies once a "reasonable attempt to repair" has occurred within the repair window. Under Wis. Stat. § 218.0171(1)(h)1, that is when the same nonconformity is subject to repair at least four (4) times and the nonconformity continues; under Wis. Stat. § 218.0171(1)(h)2, it is when the vehicle is out of service for an aggregate of at least thirty (30) days because of warranty nonconformities. Wisconsin does not impose a reduced repair-attempt threshold for safety-related defects. Note, however, that under the "out of service" definition in Wis. Stat. § 218.0171(1)(g)2, days on which the vehicle is in the consumer's possession but unusable because of a nonconformity that substantially affects use or safety count toward the 30-day total once the manufacturer or dealer has attempted repair on at least two occasions.

D. Remedy Request — Current Post-2014 Structure

For a purchased vehicle, the consumer may demand a refund or request a comparable replacement on the Department of Transportation form prescribed under Wis. Stat. § 218.0171(8)(a). A refund demand requires the manufacturer to provide the statutory refund. If the consumer requests replacement, current § 218.0171(2)(cg) permits the manufacturer to agree to provide the comparable vehicle or provide the statutory full refund instead. For a leased vehicle, the current statutory remedy is the lease-refund allocation in § 218.0171(2)(b)3. Pre-2014 cases describing an absolute consumer election must not be applied without checking the governing version of the statute.

E. Certified Dispute-Resolution Program Must Be Used First, If One Exists

If the manufacturer maintains an informal dispute settlement procedure that is certified by the Department of Transportation under Wis. Stat. § 218.0171(4), the consumer may not bring a civil action under Wis. Stat. § 218.0171(7) unless he or she first resorts to that procedure. Wis. Stat. § 218.0171(3). If the manufacturer has no certified procedure, the consumer may proceed directly to court. Our Client ☐ is required to / ☐ is not required to use a certified procedure (based on whether one exists) and ☐ will / ☐ will not proceed to court if this demand is not resolved.

F. Mandatory Attorney's Fees — No Discretion

Under Wis. Stat. § 218.0171(7)(a), the court shall award a consumer who prevails in a civil action the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees (and may award appropriate equitable relief). The fee award is mandatory, not discretionary. (Note: the former double-damages provision was repealed by 2013 Wis. Act 101 for vehicles sold or leased on or after March 1, 2014; recovery is now single damages plus costs and fees.)

G. Mileage Offset Calculation

Wisconsin's refund is reduced by a reasonable allowance for use, which by statute may not exceed:

Offset = (Full Purchase Price) × (Miles Driven Before First Reporting the Nonconformity to the Dealer ÷ 100,000)

For a motorcycle, the denominator is 20,000 rather than 100,000. This calculation is set by statute at Wis. Stat. § 218.0171(2)(b)2.b (purchased vehicle; the parallel lease offset is at (2)(b)3.c). The offset is based on miles at the time the nonconformity was first reported to the motor vehicle dealer, not current mileage. Accordingly, it is essential that the mileage at first complaint be accurately documented.

II. VEHICLE AND TRANSACTION INFORMATION

III. WARRANTY INFORMATION

The defects described in Section IV first appeared within the applicable warranty period and within one (1) year of the date of delivery, satisfying the coverage period under Wis. Stat. § 218.0171(2)(a).

IV. DEFECT DESCRIPTION

The vehicle suffers from the following nonconformity(ies) that substantially impair its use, value, or safety within the meaning of Wis. Stat. § 218.0171(2):

Primary Defect

• Description: [________________________________]
• Date First Occurred: [__/__/____]
• Mileage at First Occurrence: [____] miles
• How Defect Manifests: [________________________________]
• Safety Defect? ☐ Yes — substantially affects the safety of the vehicle ☐ No
• If the vehicle is in the Consumer's possession but unusable because of a safety- or use-affecting nonconformity, those days count toward the 30-day "out of service" total once repair has been attempted at least twice (Wis. Stat. § 218.0171(1)(g)2)
• Impact on Use: [________________________________]
• Impact on Value: [________________________________]

Additional Defect(s) (if applicable)

• Description: [________________________________]
• Date First Occurred: [__/__/____]
• Mileage at First Occurrence: [____] miles
• Safety Defect? ☐ Yes ☐ No

V. REPAIR HISTORY

Repair Attempt No. 1

Repair Attempt No. 2

Repair Attempt No. 3

Repair Attempt No. 4

[Add additional repair attempt tables as needed]

Repair Attempt Summary

VI. LEMON LAW QUALIFICATION ANALYSIS

A. Reasonable Attempt to Repair Established Under Wis. Stat. § 218.0171(1)(h)

☐ Four-Repair Threshold Met:
The same nonconformity has been subject to repair [____] times, meeting or exceeding the four (4) repair attempt threshold under Wis. Stat. § 218.0171(1)(h)1.

☐ Thirty-Day Out-of-Service Threshold Met:
The vehicle has been out of service for an aggregate of [____] days (need not be consecutive), meeting or exceeding the thirty (30) day threshold under Wis. Stat. § 218.0171(1)(h)2. "Days" includes weekends and holidays. Kletzien v. Ford Motor Co., 668 F. Supp. 1225 (E.D. Wis. 1987).

B. Repair Window and Filing Deadline Confirmed

The first complaint was reported on [__/__/____], which is within the earlier of the warranty term or one (1) year of the delivery date of [__/__/____], satisfying the repair window under Wis. Stat. § 218.0171(1)(h) and (2)(a). This action, if filed, will be commenced within 36 months after first delivery, as required by Wis. Stat. § 218.0171(7)(a).

C. Federal Magnuson-Moss Warranty Act

Independent of state law, our Client has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., for the manufacturer's failure to honor its written warranty. The Act provides for mandatory attorney's fees to prevailing consumers. These federal claims are cumulative to, not exclusive of, the Wisconsin Lemon Law claims.

VII. STATUTORY NOTICE AND MANUFACTURER'S DEADLINE TO PERFORM

A reasonable attempt to repair under Wis. Stat. § 218.0171(1)(h) has already occurred (see Section VI). Wisconsin law does not entitle the manufacturer to a separate post-demand "final repair attempt." The Consumer now delivers the Department of Transportation notice form prescribed under Wis. Stat. § 218.0171(8)(a), requesting a purchased-vehicle refund, a purchased-vehicle replacement, or the leased-vehicle refund, as applicable. The form is enclosed with this letter and sent by certified mail, return receipt requested.

Upon receipt of the Consumer's refund offer or transfer-of-title offer, the manufacturer must provide the refund no later than 30 days after that offer. Wis. Stat. § 218.0171(2)(c) (purchased vehicle) and (2)(cm) (leased vehicle). Where a purchaser requests a comparable new vehicle, the manufacturer must agree in writing within 30 days to provide the vehicle or the statutory refund and must provide the vehicle or refund by the 45th day after receiving the notice form. Wis. Stat. § 218.0171(2)(cg)1 (120th day for heavy-duty vehicles under (2)(cg)2).

IF THE MANUFACTURER FAILS TO PROVIDE THE ELECTED REMEDY WITHIN THESE STATUTORY DEADLINES, OUR CLIENT WILL COMMENCE A CIVIL ACTION UNDER Wis. Stat. § 218.0171(7) WITHOUT FURTHER NOTICE.

VIII. DEMAND FOR RELIEF — REMEDY REQUEST

Pursuant to Wis. Stat. § 218.0171(8)(a) and (2)(b), our Client requests the following transaction-appropriate remedy:

☐ FULL REFUND / REPURCHASE

The manufacturer must refund all of the following:

The manufacturer must also pay off the outstanding loan or lease balance directly to [LIENHOLDER / LESSOR NAME]: $[____]

☐ PURCHASED VEHICLE — REPLACEMENT REQUEST

Our Client requests a comparable new motor vehicle and refund of collateral costs under Wis. Stat. § 218.0171(2)(b)2.a. Under current § 218.0171(2)(cg)1, within 30 days the manufacturer must agree in writing to provide the comparable vehicle or the statutory full refund. It must provide the agreed replacement or the alternative refund by the 45th day after receiving the form (120th day for a heavy-duty vehicle under (2)(cg)2).

☐ LEASED VEHICLE — LEASE REFUND

The manufacturer must provide the lessor, any secured party, and the Consumer the allocations required by Wis. Stat. § 218.0171(2)(b)3. The purchased-vehicle replacement request and refund worksheet do not apply without modification to a lease.

Additional Relief — All Cases

1. Mandatory Attorney's Fees, Costs and Disbursements: Under Wis. Stat. § 218.0171(7)(a), the court shall award a prevailing consumer pecuniary loss together with costs, disbursements and reasonable attorney fees. Attorney's fees incurred to date: $[____].

2. Collateral Costs / Incidental Damages: All costs incurred in connection with the nonconformity, including alternative transportation, rental, and towing charges (Wis. Stat. § 218.0171(1)(a)): $[____].

3. Pecuniary Loss: In a civil action under Wis. Stat. § 218.0171(7), the Consumer may recover the amount of any pecuniary loss caused by the violation (single damages; the former double-damages provision was repealed by 2013 Wis. Act 101), plus the costs and fees in item 1 above.

IX. DOCUMENT AND EVIDENCE PRESERVATION

You are hereby directed to preserve all documents, data, and records relating to this vehicle, including:

☐ All repair orders and warranty claims
☐ Technical service bulletins (TSBs) related to the defect(s) described herein
☐ Consumer complaints regarding similar defects in the same make, model, and year
☐ All internal communications regarding this vehicle's defect(s)
☐ Engineering analyses, field reports, and root cause analyses
☐ The vehicle itself — do not alter, dismantle, sell, or transfer ownership
☐ All communications between dealer and manufacturer regarding this vehicle
☐ Any records of prior government investigations or recalls related to the defect

Failure to preserve evidence may result in sanctions, adverse inference instructions to the jury, and independent spoliation claims under Wisconsin law.

X. RESPONSE DEADLINE AND NEXT STEPS

Please respond in writing within fourteen (14) days of the date of this letter:

1. Your acknowledgment of receipt of the enclosed Wis. Stat. § 218.0171(8)(a) notice form;
2. Your position on whether the vehicle qualifies for relief under the Wisconsin Lemon Law;
3. Confirmation, in writing within 30 days, that you will provide the elected refund or replacement within the statutory deadline (Section VII);
4. If you dispute the claim, a full statement of the factual and legal basis for that position.

If we do not receive a satisfactory response, our Client is authorized to:

☐ File suit in the appropriate Wisconsin Circuit Court for repurchase or replacement, pecuniary loss, and mandatory costs, disbursements and attorney fees under Wis. Stat. § 218.0171(7)(a);

☐ File suit in the United States District Court for the Eastern or Western District of Wisconsin for Magnuson-Moss Warranty Act violations;

☐ Report this matter to the Wisconsin Department of Justice, Bureau of Consumer Protection, 17 West Main Street, P.O. Box 7857, Madison, WI 53707-7857;

☐ Report this matter to the Wisconsin Department of Transportation, Vehicle and Dealer Services, P.O. Box 7995, Madison, WI 53707-7995.

XI. CONCLUSION

Our Client purchased/leased this vehicle in good faith and has given [MANUFACTURER] every reasonable opportunity to correct its substantial defects. The vehicle remains unrepaired. Wisconsin law mandates relief. We urge you to resolve this matter promptly and avoid unnecessary litigation costs, including the mandatory attorney's fee award that will accompany any judgment in our Client's favor.

This letter is written without prejudice to any and all rights and remedies available to our Client, all of which are expressly reserved.

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]
[ATTORNEY NAME]
State Bar of Wisconsin No. [____]
[ADDRESS]
[CITY, WI ZIP]
Tel: [(___) ___-____]
Email: [________________________________]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:

☐ Copies of all repair orders (Repair Attempts 1–[____])
☐ Copy of purchase/lease agreement
☐ Copy of manufacturer's warranty booklet
☐ Vehicle registration / title
☐ Photographs or video of defect(s)
☐ Lien/lease payoff statement
☐ Prior written correspondence with manufacturer or dealer
☐ Authorization to represent

cc: [CONSUMER NAME]
[LIENHOLDER / LESSOR, if applicable]
Wisconsin Department of Justice, Bureau of Consumer Protection
Wisconsin Department of Transportation, Vehicle and Dealer Services

WISCONSIN LEMON LAW QUICK REFERENCE

WISCONSIN-SPECIFIC PRACTICE NOTES

1. No Reduced Safety Threshold — Use the 30-Day Path: Wisconsin does not shorten the repair-attempt requirement for safety defects. Qualification requires four repairs of the same nonconformity or 30 aggregate days out of service. For a dangerous defect, the practical lever is the "out of service" definition (Wis. Stat. § 218.0171(1)(g)2): days the vehicle sits undriveable in the Consumer's possession count toward the 30-day total once repair has been attempted twice.

2. Leased Vehicle Documentation: For leased vehicles, secure the lease agreement, capitalized cost disclosure, and any residual value documentation. The lease refund and use-allowance rules are at Wis. Stat. § 218.0171(2)(b)3 (offset at (2)(b)3.c).

3. One-Year Repair Window vs. 36-Month Filing Deadline — Don't Confuse Them: The nonconformity must arise and be presented for repair within the earlier of the warranty or one year from delivery (§ (1)(h)). Separately, suit under § 218.0171(7)(a) must be commenced within 36 months after first delivery. Clients who let the one-year repair window pass lose their claim even if the warranty is longer. Act promptly.

4. Use the Current Remedy Structure: On the DOT form, a purchaser may demand refund or request replacement. If replacement is requested, § 218.0171(2)(cg) allows the manufacturer to provide the statutory full refund instead. A lessee receives the lease-refund remedy under § 218.0171(2)(b)3. Do not rely on pre-2014 election cases without confirming the governing statute.

5. Certified Program Prerequisite: If (and only if) the manufacturer has a DOT-certified informal dispute settlement procedure, the Consumer must first resort to it before suing under § 218.0171(7). § 218.0171(3). Confirm whether the manufacturer's program is certified before filing; if it is not certified, proceed directly to court.

6. Mandatory Fee Award: Because costs, disbursements, and attorney fees are mandatory (not discretionary) under Wis. Stat. § 218.0171(7)(a), manufacturers face substantial exposure if they litigate and lose. Use this as a settlement lever. (Double damages were repealed effective March 1, 2014.)

7. Cooperation Matters: Under § 218.0171(7)(b), a court may reduce damages, fees, or costs — or strike pleadings — if a party fails to reasonably cooperate with the other's efforts to comply. Keep the Consumer's conduct clean and well-documented; do not obstruct the manufacturer's refund process.

8. Mileage at First Report — Key Date: Document the odometer reading at the first report of the nonconformity to the dealer. This reading (not current mileage) drives the statutory use-allowance offset and should be preserved from the first repair order.

SOURCES AND REFERENCES

• Wis. Stat. § 218.0171 — Wisconsin Motor Vehicle Lemon Law: https://docs.legis.wisconsin.gov/document/statutes/218.0171
• Wisconsin DOT — Lemon Law (BVS2828): https://wisconsindot.gov/Documents/dmv/shared/lemonlawafter.pdf
• 15 U.S.C. § 2301 et seq. — Magnuson-Moss Warranty Act: https://www.ftc.gov/legal-library/browse/statutes/magnuson-moss-warranty-ftc-improvement-act
• Wisconsin Department of Justice — Consumer Protection: https://www.doj.state.wi.us/consumer/consumer-protection
• Wisconsin Department of Transportation — Vehicle and Dealer Services: https://wisconsindot.gov/Pages/dmv/vehicles/title-plates/home.aspx
• Wisconsin Lemon Law Summary (WI DOJ): https://www.doj.state.wi.us/sites/default/files/dls/lemon_law.pdf

This template is for informational purposes only and does not constitute legal advice. Wisconsin's current Lemon Law uses a DOT-prescribed notice form, mandatory costs and attorney fees for a prevailing consumer, and a 36-month deadline to sue. A purchaser may demand refund or request replacement, but the manufacturer may provide the statutory refund instead of a requested replacement; a lessee receives the statutory lease-refund remedy. Consult a licensed Wisconsin attorney before use.