Does the Wisconsin lemon law apply my my case?

I bought a car about a week ago from a dealer. I was told that the car came with some minor defects such as leaks, etc. One problem I was told about was that the ABS light would come on but I was told that there was no ABS problem and that it was only a defect with the gauge. The buyers guide on the window listed no problem with the ABS. I had the car checked out by another mechanic and I was told that the ABS did not work at all and it would cost a lot of money to fix. The dealer told me he would fix it at a 20% discount.

So, what should I do? Is there a lemon law in this case?

And if the lemon law doesn't apply in this case would it be cheaper to get it fixed at the dealer or at another mechanic?

Wisconsin's lemon law

If the motor vehicle you buy or lease turns out to be a "lemon," the manufacturer has to replace it free or refund the price (minus a reasonable amount for mileage).

What is a "lemon"?

A new vehicle - no more than a year old and still under warranty - is a "lemon" if

It has a serious defect the dealer can't fix in four tries, or

It has one or many defects that prevent you from using it for 30 days or more (the 30 days need not be consecutive)

What is a defect?

A defect covered by the Lemon Law must seriously affect the use, value or safety of your vehicle and must be covered by the warranty. An irritating rattle may not be "serious" enough to make your car a lemon. Stalling probably is.

What vehicles are covered?

The law covers any new car, truck, motorcycle or motor home you buy or lease, even if you register the vehicle in another state. It also covers a demonstrator or executive vehicle.

How long are you covered?

The lemon law includes no deadline for filing a lemon law suit; a court would decide if your case were too old.

Is your vehicle a lemon?

Your vehicle is a lemon if all of the following statements are true:

You bought or leased a new vehicle.

The vehicle is a car, truck, motorcycle or motor home.

The vehicle developed a defect or defects during its first year and before the warranty expired.

The defect seriously harms the vehicle's use, value or safety.

One of the following happened during the vehicle's first year and before the warranty expired:

The dealer failed four times to fix the same defect; OR

The vehicle was out of service for 30 days or more due to defects

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What should a lemon owner do?

Get a repair order for every repair visit, even if the shop doesn't diagnose the problem or attempt a repair. A repair order should show the problem you report, and the dates your car is in the shop.

Keep purchase contracts, warranties, and repair orders to prove you have a lemon. Don't keep repair orders in your car where they may get lost.

We strongly urge you to use the Wisconsin Department of Transportation's (WisDOT) Motor Vehicle Lemon Law Notice form to ask the manufacturer for a refund or replacement vehicle. The Lemon Law Notice includes important language required under the lemon law. Send the form to the manufacturer at the address in your owners manual. The manufacturer has 30 days to respond. Your refund should include the full purchase price, sales tax, any finance charge, and collateral costs (for example, repairs, towing, alternative transportation), minus the mileage deduction allowed by law. If you get a replacement vehicle, the manufacturer should refund your collateral costs and charge nothing for mileage.

If you return to the manufacturer a vehicle that has missing equipment or unrepaired damage beyond normal wear and tear, a manufacturer may want to negotiate a damage deduction. You should not be responsible for paying for normal wear and tear, such as minor dents, scratches, pitted glass, soiled carpets, minor stains or tears. Feel free to have the damage appraised at a location you choose, or to have it repaired rather than paying a deduction.

If you don't get a refund or replacement by writing the manufacturer, consider using your manufacturer's arbitration program. If your manufacturer has a program certified by WisDOT, you must use it before you can sue under the Lemon Law. If your manufacturer's program is not certified, you do not have to use it. However, if you do use it, you might get a decision you like. You can reject any decision you don't like. See the list of arbitration programs listed below.

Talk to an attorney if the manufacturer doesn't help you. A court may need to decide if your vehicle is a lemon and what settlement you deserve. If you sue the manufacturer and win, you could get double the vehicle purchase price, plus other costs and attorney fees. To find an attorney who handles Lemon Law cases, contact the State Bar of Wisconsin Attorney Referral Service toll-free at (800) 362-9082, or at (608) 257-4666 or WisBar Lawyer Referral and Information Service.

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Who can you call for help?

WisDOT's Dealer & Agent Section licenses and regulates dealers and manufacturers and helps resolve disputes about vehicle sales and warranties. Contact the Dealer & Agent Section if you have a complaint against a dealer or manufacturer.

The Dealer & Agent Section won't resolve your Lemon Law complaint for you, but it will give you more information about exercising your rights under the Lemon Law.

U.S. DOT auto safety hotline

If you own a car or truck that you feel has a safety defect you should report the problem to the Hotline at the National Highway Traffic Safety Administration (NHTSA) of the U.S. Department of Transportation (DOT).

The U.S. DOT Auto Safety Hotline specializes in gathering information about safety problems in motor vehicles and equipment and is your chance to help identify these problems which sometimes lead to recalls. The Hotline can be dialed toll free at (888) DASH-2-DOT or (888) 327-4236 or you can now file your vehicle safety defect report online.

Need a speaker?

WisDOT's Dealer & Agent Section (608) 266-1425 or dealers.dmv@dot.state.wi.us has speakers for your class or meeting. It's free!

I got this off our DMV website. Hope it helps.

lemon law applies to new vehicles...not used. however the dealership had to complete a safety check on your vehicle in order to sell it (like a 20 point check usually it is a check list that a mechanic of theirs goes through and it is posted on the window along with the sticker price....do you still have it?!?) if the abs system did not work THEY failed to properly complete the safety check and THEY are responsible for the repair!! If I were in your position I would go to a reputable mechanic have them plug it into a scanner and get a code reading (ask for a print out...don't let them tell you they can not print it out...husband has a scan tool and they can) to make sure the other mechanic you took it to wasn't giving you a line of sh**. then take that reading and your safety check to the manager of the dealership and bi*** away....they are definitely in the wrong...and I would tell them to stick their 20% you want it done for nothing!!...be a thorn in their side and do not give up...you paid hard earned cash for this....keep all records of the repair just in case they try to pull one over on you ie: using the scanner to clear the code and not fixing it...the light will come back on in time if they do this crap.... just a humble opinion from one who doesn't like to be taken advantage of....

This must be an used car, with no warranty. More or less "As-Is"

I think you are stuck......

They made you aware of the ABS light coming on. Unless you have it in writing that the ABS system was functioning you got screwed.

Sad But True,

Dave