Thursday, May 22, 2008

We provide Wisconsin lemon law representation without charging our bills!

Do you think you bought a defective car, truck, mini-van, SUV, recreational vehicles, motorhomes, large van, boat, motorcycle or jet ski? Learn more about your lemon law rights in the State of Wisconsin, call or send your information online to see if you qualify under the law. You may be entitled to compensation in cash for your lemon under the state or federal lemon laws. 99% of our cases settle without trial, we are working to get your claim settled as quickly as possible.

The lemon law lawyers Krohn & Moss, Ltd. will handle lemon law claims for consumers in Wisconsin. We keep you informed of the latest legal developments so that you can get the best results for your request right lemon. We have processed thousands of claims for cars with a lemon and consumer products.

There is no reason you should not take advantage of the laws of consumer protection in your state. As you have a lemon law rights in the State of Wisconsin, he works to your advantage to find out if you do indeed have some form of lemon law relief. When you work with Krohn & Moss, you do not pay the legal fees that the automaker is responsible.

If you're willing to help them pursue your potential lemon law case and want to get rid of your lemon - call 1-800 U.S. LEMON ® (800-875-3666) toll free to reach for Krohn & Moss your first free consultation! Or send your information online for your free case evaluation.

Wisconsin Lemon Law Statutes

Chapter 218.015
  1. 218.015(1) (intro.) In this section:

    1. 218.015(1)(a) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining alternative transportation.


    2. 218.015(1)(b) (intro.) "Consumer" means any of the following:

      1. 218.015(1)(b)1. The purchaser of a new motor vehicle, if the motor vehicle was purchased from a motor vehicle dealer for purposes other than resale.


      2. 218.015(1)(b)2. A person to whom the motor vehicle is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the motor vehicle.


      3. 218.015(1)(b)3. A person who may enforce the warranty.


      4. 218.015(1)(b)4. A person who leases a motor vehicle from a motor vehicle lessor under a written lease.

      218.015(1)(bd) (bd) "Demonstrator" means used primarily for the purpose of demonstration to the public.

      218.015(1)(bg)
      (bg) "Early termination cost" means any expense or obligation a motor vehicle lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motor vehicle to a manufacturer under sub. (2) (b) 3. "Early termination cost" includes a penalty for prepayment under a finance arrangement.

      218.015(1)(bj)
      (bj) "Early termination savings" means any expense or obligation a motor vehicle lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motor vehicle to a manufacturer under sub. (2) (b) 3. "Early termination savings" includes an interest charge the motor vehicle lessor would have paid to finance the motor vehicle or, if the motor vehicle lessor does not finance the motor vehicle, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.

      218.015(1)(bp)
      (bp) "Executive" means used primarily by an executive of a licensed manufacturer, distributor or dealer, and not used for demonstration to the public.


    3. 218.015(1)(c)"Manufacturer" means a manufacturer as defined in s. 218.01 (1) (L) and agents of the manufacturer, including an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer's motor vehicles, but not including a motor vehicle dealer.


    4. 218.015(1)(d) "Motor vehicle" means any motor driven vehicle required to be registered under ch. 341 or exempt from registration under s. 341.05 (2), including a demonstrator or executive vehicle not titled or titled by a manufacturer or a motor vehicle dealer, which a consumer purchases or accepts transfer of in this state. "Motor vehicle" does not mean a moped, semitrailer or trailer designed for use in combination with a truck or truck tractor.


    5. 218.015(1)(e) "Motor vehicle dealer" has the meaning given under s. 218.01 (1) (n).

      218.015(1)(em)
      (em) "Motor vehicle lessor" means a person who holds title to a motor vehicle leased to a lessee, or who holds the lessor's rights, under a written lease.


    6. 218.015(1)(f) "Nonconformity" means a condition or defect which substantially impairs the use, value or safety of a motor vehicle, and is covered by an express warranty applicable to the motor vehicle or to a component of the motor vehicle, but does not include a condition or defect which is the result of abuse, neglect or unauthorized modification or alteration of the motor vehicle by a consumer.


    7. 218.015(1)(h) (intro.) "Reasonable attempt to repair" means any of the following occurring within the term of an express warranty applicable to a new motor vehicle or within one year after first delivery of the motor vehicle to a consumer, whichever is sooner:

      1. 218.015(1)(h)1. The same nonconformity with the warranty is subject to repair by the manufacturer, motor vehicle lessor or any of the manufacturer's authorized motor vehicle dealers at least 4 times and the nonconformity continues.


      2. 218.015(1)(h)2. The motor vehicle is out of service for an aggregate of at least 30 days because of warranty nonconformities.


  2. 218.015(2)

    1. 218.015(2)(a) If a new motor vehicle does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motor vehicle lessor or any of the manufacturer's authorized motor vehicle dealers and makes the motor vehicle available for repair before the expiration of the warranty or one year after first delivery of the motor vehicle to a consumer, whichever is sooner, the nonconformity shall be repaired.


    2. 218.015(2)(b)

      1. 218.015(2)(b)1. If after a reasonable attempt to repair the nonconformity is not repaired, the manufacturer shall carry out the requirement under subd. 2. or 3., whichever is appropriate.


      2. 218.015(2)(b)2. (intro.) At the direction of a consumer described under sub. (1) (b) 1., 2. or 3., do one of the following:

        1. 218.015(2)(b)2.a. Accept return of the motor vehicle and replace the motor vehicle with a comparable new motor vehicle and refund any collateral costs.


        2. 218.015(2)(b)2.b. Accept return of the motor vehicle and refund to the consumer and to any holder of a perfected security interest in the consumer's motor vehicle, as their interest may appear, the full purchase price plus any sales tax, finance charge, amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use. Under this subdivision, a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motor vehicle by a fraction, the denominator of which is 100,000 or, for a motorcycle, 20,000, and the numerator of which is the number of miles the motor vehicle was driven before the consumer first reported the nonconformity to the motor vehicle dealer.


      3. 218.015(2)(b)3.

        1. 218.015(2)(b)3.a. With respect to a consumer described in sub. (1) (b) 4., accept return of the motor vehicle, refund to the motor vehicle lessor and to any holder of a perfected security interest in the motor vehicle, as their interest may appear, the current value of the written lease and refund to the consumer the amount the consumer paid under the written lease plus any sales tax and collateral costs, less a reasonable allowance for use.


        2. 218.015(2)(b)3.b. Under this subdivision, the current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the motor vehicle dealer's early termination costs and the value of the motor vehicle at the lease expiration date if the lease sets forth that value, less the motor vehicle lessor's early termination savings.

Wednesday, May 21, 2008

VW and Audi OWNERS-"LEMON support" of the withdrawal

Chicago, Illinois - May 29, 2003 - Owners of some 2,001, 2,002 and 2,003 Volkswagen and Audi received a surprise in the mail in February this year. 530000 car was faulty ignition coils, which can lead to partial loss of engine power and potentially an accident. If the coil fails, the car's "check engine" light will begin to flash and the car's performance can become rough, to the point that it loses power. The producer promised to replace all 4 ignition coils in each vehicle that could potentially be affected. But the wait time can be long, leaving many consumers disillusioned with their VW and Audi, purchased in part because of the automakers reputation for quality and reliability. Vehicles affected by the withdrawal is equipped with 1.8 liter engines, and include the Audi TT and A4 and the Volkswagen Golf / GTI, Jetta, New Beetle and Passat. Add to that all VW's equipped with 2.8 liter VR6 and the Audi 3.0 liter V6 engine. The NHTSA (National Highway Traffic and Safety Administration) estimates that in a year's time about 50000 complaints lodged via their website, by telephone and by mail, for vehicles that are defective. Their website www.nhtsa.org give visitors the opportunity to search for a specific fault manufacturer, model and year. But even after a series of complaints concerning the same mistakes have been registered by consumers, it takes a very serious, often life-threatening defects that cause a manufacturer to recognize the error and issue a recall. How does a withdrawal affect your rights under the lemon law? If you have been at the workshop several times, trying to repair your VW or Audi's rough ride or flashing check engine light and then receive the recall notice, means the lemon law still offer protection? Patrick Dwyer of Naperville had had problems with his VW Passat, before he received the recall notice and had contacted the lemon law firm Krohn & Moss, Ltd. after researching his lemon law rights. "I purchased the Passat-based Volkswagen's reputation for reliability and quality." Dwyer suspected something was very wrong with his vehicle when it was not fixed after 3 workshop visits. "It was the last item on just replace a couple of motor coils for me, I did not care, I just do not feel comfortable or safe driving that car!" "It is a valiant effort by the manufacturer to correct a defective part, but consumers still have legal rights under both their state lemon law and the Federal Magnuson-Moss Warranty Rights Act," argues Adam Krohn, Managing Partner of Krohn & Moss Consumer Law Center and co-founder of LemonLawAmerica.com. "If your VW or Audi has been idle for many days and in the shop for this mistake many times, your car can still be a lemon, remember only confirm that there was a problem now," adds Mr. Krohn. Evidence of your repair orders and all other correspondence with the dealer or manufacturer to determine whether or not you make it eligible for a replacement vehicle or your money back under state lemon laws. Krohn & Moss Consumer Law Center has arbitrated, settled and brought thousands of lemon law claims to date. The company practices lemon law in 9 states, including Illinois, Ohio, Indiana, Wisconsin, Missouri, Georgia, Arizona, Florida and California. Mr. Krohn can be contacted at 1-800 U.S. lemon or visit Krohn & Moss website at www.yourlemonlawrights.com

Monday, May 19, 2008

Who can you call for help?

WisDOT dealer and agent Section licenses and regulates dealers and manufacturers and help them resolve disputes concerning vehicle sales and guarantees. Contact the dealer and agent section if you have a complaint against a dealer or manufacturer.

The retailer and agent section will not resolve your complaint lemon law for you, but it gives you more information about your rights under the lemon law.

U. S. DOT auto safety hotline
If you own a car or truck that you feel a lack of security, you must report the problem to the hotline to the National Highway Traffic Safety Administration (NHTSA) of the U.S. Department of Transportation (DOT).

The USA DOT Auto Safety Hotline specializes in collecting information on security issues in motor vehicles and equipment and is your chance to help identify these problems that sometimes lead to recalls. The Hotline can be made toll free at (888) DASH-2-DOT or (888) 327-4236 or you can file your report vehicle safety defects online.


What should a lemon owner do?

  • Obtain a repair order to repair each visit, even if the shop does not diagnose the problem or attempt a repair. To remedy the problem you should show report, and the dates your car is in store.
  • Keep purchase contracts, guarantees, and repair orders to prove that you have a lemon. Do not keep repair orders in your car where they can lose.
  • 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 Important Notice includes language required under the lemon law. Mail the form to the manufacturer, the address in your owners manual. The manufacturer has 30 days to respond. The reimbursement should include the full purchase price, sales tax, any finance charges, guarantees and costs (for example, repairs, towing, alternative transportation), less mileage deduction allowed by law. If you receive a replacement vehicle manufacturer must reimburse the costs and its guarantee of no mileage charge.
  • If you return to the manufacturer of a vehicle with 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 payment of normal wear and tear, such as small marks, scratches, pitted glass, soiled carpets, small stains or tears. Feel free to have the damage assessed in a location you choose, or have noticed that instead pay a deduction.
  • If you do not get a refund or replace of the manufacturer in writing, you can use 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 of the program is not certified, you do not have to use it. However, if you do not use it, you can get a decision like. You can reject any decision that does not like. Here is a list of arbitration programs listed below.
  • Talk to a lawyer if the manufacturer does not help you. A court may need to decide if your vehicle is a lemon and what solution you deserve. If you process the manufacturer and win, you'll get twice the purchase price of vehicle, plus other costs and attorneys fees. To find a lawyer who deals with Lemon Law cases, contact with the State Bar of Wisconsin Attorney Referral Service in and free (800) 362-9082 or at (608) 257-4666 or WisBar Lawyer Referral Service and the Information.

Wisconsin's Lemon Law - General Information

Wisconsin's lemon law
Where to buy or lease the vehicle proves to be a "lemon", a manufacturer must replace free of charge or refund the price (minus a reasonable amount for mileage).

What is a "lemon"?
A new car - no more than a year and still under warranty - is a "lemon" if
  • It has a serious defect dealer can not fix in four tries, or
  • It has one or more defects that prevent its use for 30 days or more (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 warranty. An annoying rattle may not be "serious" enough to make a lemon car. Stalling probably is.

What vehicles are covered?
The law refers to any new car, truck, motorcycle or motor home to buy or lease, even if your vehicle registered in another state. Too, covers a demonstrator or executive vehicle.

While you are covered?
The lemon law does not include the deadline for filing a lemon law suit, a court should decide whether your case were too old.

Your vehicle is a lemon?
You vehicle is a lemon if all the following conditions are true:

  • Cumparate or leased a new vehicle.
  • The vehicle is a car, truck, motorcycle or motor home.
  • Vehicle developed a defect or defects in the first year and before the warranty expired.
  • Defect seriously harmful vehicle use, value or safety.
  • One of the following happened during the vehicle and before the first year warranty has expired:
A dealer failed four times to set the same defect, or
A vehicle was service for 30 days or more because of failure

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