LEMON LAW DEMAND LETTER

STATE OF WISCONSIN

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

[DATE]

[MANUFACTURER NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]

Re: WISCONSIN LEMON LAW DEMAND - STATUTORY NOTICE
Consumer/Owner: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [VEHICLE IDENTIFICATION NUMBER]
Purchase/Lease Date: [DATE]
Current Mileage: [MILEAGE]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with the purchase/lease of the above-referenced vehicle, which qualifies as a "lemon" under the Wisconsin Lemon Law, Wis. Stat. Section 218.0171, and the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq. This letter constitutes formal notice of our Client's claim and demand for repurchase or replacement of the defective vehicle.

I. WISCONSIN LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Wisconsin Lemon Law, Wis. Stat. Section 218.0171, which provides strong protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.

B. Covered Vehicles

Under Wis. Stat. Section 218.0171(1)(d), a "motor vehicle" means:
- Any new motor vehicle purchased or leased in Wisconsin
- A vehicle which is used for personal, family, or household purposes
- Excludes: Mopeds, semi-trailers, trailers towed by trucks, motor buses, vehicles not designed primarily for use on a highway, and vehicles not requiring registration

The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under Wisconsin's Lemon Law.

C. Coverage Period

Wisconsin's Lemon Law applies during:
- The Lemon Law Rights Period: The term of the express warranty OR one year following the date of delivery, whichever is earlier. Wis. Stat. Section 218.0171(2)(a).

D. Presumption of Nonconformity

Under Wis. Stat. Section 218.0171(2)(b), there is a rebuttable presumption that a reasonable number of attempts have been made if:

1. Same Nonconformity: The same nonconformity has been subject to repair four (4) or more times without success; OR

2. Days Out of Service: The vehicle has been out of service by reason of repair for 30 or more calendar days (need not be consecutive).

E. Manufacturer Notice Requirement

Under Wis. Stat. Section 218.0171(3), before commencing legal action, the consumer must give the manufacturer written notice of the nonconformity by certified mail (return receipt requested) or by personal delivery. The manufacturer then has one (1) additional repair attempt to cure the nonconformity.

THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

A. Manufacturer's Warranty

The defects complained of arose during the applicable warranty period and remain unresolved.

IV. DEFECT DESCRIPTION

A. Nature of Defect(s)

The vehicle suffers from one or more nonconformities that substantially impair its use, value, or safety as required under Wis. Stat. Section 218.0171(2):

PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE]
- Use Impairment: [HOW DEFECT AFFECTS VEHICLE USE]
- Value Impairment: [HOW DEFECT AFFECTS VEHICLE VALUE]

ADDITIONAL DEFECT(S):
[REPEAT FORMAT FOR EACH ADDITIONAL DEFECT]

V. REPAIR HISTORY

Repair Attempt #1

Repair Attempt #2

Repair Attempt #3

Repair Attempt #4

[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]

Summary of Repair Attempts

VI. LEMON LAW QUALIFICATION

A. Wisconsin Lemon Law Presumption Met

Our Client's vehicle qualifies as a lemon under Wisconsin law because:

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 4-repair threshold under Wis. Stat. Section 218.0171(2)(b)1.

[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] calendar days, exceeding the 30-day threshold under Wis. Stat. Section 218.0171(2)(b)2.

B. Magnuson-Moss Warranty Act

In addition to state law claims, our Client has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq., which provides for attorney's fees to prevailing consumers.

VII. ARBITRATION NOTICE

Wisconsin law does not require consumers to submit to manufacturer-sponsored arbitration before filing a civil action. Under Wis. Stat. Section 218.0171(6):

[ ] Our Client elects to proceed directly to court without using any manufacturer arbitration program.

[ ] Our Client may choose to submit to manufacturer arbitration if available, but is not required to do so.

VIII. DEMAND FOR RELIEF

Pursuant to Wis. Stat. Section 218.0171(2)(b), we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under Wis. Stat. Section 218.0171(2)(b)3, the manufacturer must refund:

The reasonable allowance for use is calculated by multiplying the full purchase price by a fraction having as its denominator 100,000 and the number of miles the vehicle traveled before the consumer first reported the nonconformity as its numerator. Wis. Stat. Section 218.0171(2)(b)3.a.

[ ] REPLACEMENT

Under Wis. Stat. Section 218.0171(2)(b)3, the manufacturer must provide a comparable new motor vehicle acceptable to the consumer.

B. Additional Relief

1. Attorney's Fees and Costs: Under Wis. Stat. Section 218.0171(7), a prevailing consumer may recover reasonable attorney's fees and costs.

2. Civil Forfeiture: Under Wis. Stat. Section 218.0171(8), a manufacturer who violates the Lemon Law may be subject to a civil forfeiture of $100 to $10,000 per violation.

3. Loan/Lease Payoff: The manufacturer must pay off any outstanding balance to the lienholder.

4. Incidental Damages: All incidental damages including rental car expenses, towing charges, and other costs incurred as a result of the nonconformity.

IX. FINAL REPAIR OPPORTUNITY

This letter provides [MANUFACTURER] with the final repair opportunity required under Wis. Stat. Section 218.0171(3). The manufacturer is entitled to one (1) additional repair attempt after receiving this written notice.

Please contact the undersigned within ten (10) business days to schedule the final repair attempt. If the defect is not cured after this attempt, our Client will proceed with litigation.

X. DOCUMENT PRESERVATION

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

• All repair orders and warranty claims
• All technical service bulletins related to the defect
• All customer complaints regarding similar defects
• All communications between dealer and manufacturer
• All engineering documents and analyses
• The vehicle itself (do not destroy, sell, or alter)

XI. RESPONSE DEADLINE

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

1. Your position on whether the vehicle qualifies as a lemon
2. Your offer for repurchase or replacement
3. Scheduling of the final repair opportunity

If we do not receive a satisfactory response, our Client will:

[ ] File suit in the appropriate Wisconsin court
[ ] Report this matter to the Wisconsin Department of Transportation
[ ] Report this matter to the Wisconsin Department of Agriculture, Trade and Consumer Protection

XII. CONCLUSION

Our Client has provided [MANUFACTURER] with ample opportunity to repair this vehicle. The vehicle continues to suffer from substantial defects that impair its use, value, and safety. Our Client is entitled to a refund or replacement under Wisconsin law.

We urge you to resolve this matter promptly and avoid unnecessary litigation.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
[ ] Copies of all repair orders
[ ] Copy of purchase/lease agreement
[ ] Copy of warranty booklet
[ ] Vehicle registration
[ ] Photographs/videos of defect
[ ] Prior correspondence with manufacturer

cc: [CONSUMER NAME]
[LIENHOLDER, if applicable]
Wisconsin Department of Agriculture, Trade and Consumer Protection
Wisconsin Department of Transportation

WISCONSIN LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR WISCONSIN

1. No Arbitration Required: Wisconsin is one of the few states that does not require consumers to use manufacturer arbitration before filing suit. This provides significant flexibility.

2. Significant Civil Forfeiture: Wisconsin allows a civil forfeiture of up to $10,000 per violation, which provides leverage against non-compliant manufacturers.

3. Certified Mail or Personal Delivery: Notice must be by certified mail with return receipt requested OR personal delivery.

4. One Final Repair Opportunity: After written notice, the manufacturer gets exactly one additional repair attempt.

5. Four Repair Attempts Required: Wisconsin requires 4 repair attempts (vs. 3 in some states). Ensure the client meets this threshold.

6. Calendar Days: Wisconsin uses calendar days (not business days) for the 30-day out-of-service calculation.

7. 3-Year Statute of Limitations: Wisconsin has a generous 3-year limitations period from delivery.

8. Personal Use Requirement: The vehicle must be used for personal, family, or household purposes.

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Wisconsin attorney before use.