What Is the Lemon Law in Wisconsin for Used Cars

Wisconsin's lemon law, codified in Wisconsin Statutes Chapter 218.0171, establishes consumer remedies exclusively for new motor vehicles purchased or leased in the state. The statute does not extend coverage to used vehicles. However, used car buyers in Wisconsin benefit from supplementary protections through federal warranty statutes, state dealer regulation requirements, and disclosure mandates that establish quality standards and remedial pathways distinct from traditional lemon law provisions.

What Protections Do Used Car Buyers Have in Wisconsin?

Wisconsin used car purchasers access protections through a combination of federal law, state dealer inspection requirements, and disclosure obligations that establish enforceable standards regarding vehicle condition and dealer conduct.

Magnuson-Moss Warranty Act

The federal Magnuson-Moss Warranty Act applies nationwide to consumers acquiring used vehicles with written warranties from dealers or manufacturers. This statute enables recovery of actual damages, court costs, and reasonable attorney fees when warranty obligations are breached. A significant protection stipulates that when dealers furnish written service contracts or warranties alongside used vehicle sales, they cannot eliminate implied warranty rights regardless of "as is" language in purchase documents.

FTC Used Car Rule

The Federal Trade Commission's Used Car Rule mandates dealer compliance with disclosure requirements on every used vehicle offered for retail sale. Dealers must display a Buyer's Guide identifying whether warranty protections accompany the vehicle, which components receive coverage, the duration of any warranty period, and the percentage of repair costs the dealer assumes. Consumers receive guidance on obtaining vehicle history documentation and checking manufacturer recall status.

Wisconsin Buyers Guide and Dealer Inspection Requirements

Wisconsin imposes mandatory inspection and disclosure requirements that operate independently of warranty coverage. All licensed dealerships must complete a comprehensive vehicle inspection before offering a used vehicle for sale, documenting the vehicle's condition through a Wisconsin Buyer’s Guide window sticker. This disclosure must accurately reflect all problems the dealership should reasonably have discovered through test driving, visual inspection, and review of available vehicle records. Dealerships are not obligated to disassemble vehicles or conduct advanced diagnostic testing, but they must disclose material defects apparent through standard inspection protocols. The Buyer's Guide must identify prior use (private, leased, business, rental, or fleet), title brands reflecting permanent notations such as salvage or manufacturer buyback designations, and warranty status.

Critically, the accuracy of the Buyer's Guide creates enforceable obligations. When a dealership fails to list existing problems it should reasonably have identified during inspection, buyers retain remedies regardless of warranty designations or "as is" language.

Wisconsin Motor Vehicle Trade Practice Laws

Wisconsin's Chapter 218 establishes dealer conduct standards that create independent liability for deceptive or misleading practices. These provisions prohibit material misrepresentations regarding vehicle condition, mechanical functionality, accident history, service records, mileage accuracy, and title status. Dealers engaging in false advertising or failing to substantiate claims they make about vehicles face enforcement action and potential civil liability.

Understanding "As Is" Sales in Wisconsin

Wisconsin permits dealerships to sell used vehicles designated as "as is," which signifies the vehicle carries no manufacturer or dealer warranty. However, this designation does not shield dealers from liability for inaccurate disclosures or material misrepresentations.

What "As Is" Means for Buyers

An "as is" designation indicates the dealer assumes no obligation to repair mechanical defects, system failures, or component malfunctions discovered after purchase delivery. Buyers accepting "as is" sales assume financial responsibility for all post-purchase repair expenses. This status eliminates dealer-provided warranty protections, though it does not extinguish federal protections available under the Magnuson-Moss Warranty Act when written warranties or service contracts accompany the transaction.

Limited Dealer Disclosure Requirements

Wisconsin law mandates that dealerships performing "as is" sales complete a Wisconsin Buyers Guide with complete accuracy regardless of warranty status. The Buyer's Guide window sticker must clearly indicate the "as is" designation while simultaneously disclosing all existing problems the dealership detected during its mandated inspection process. Dealers cannot employ "as is" language to circumvent disclosure obligations. Title brands, prior use information, and existing mechanical or safety defects must appear on the window label.

Dealerships are required by law to permit buyers to conduct independent mechanical inspections by qualified technicians of their choosing, subject only to reasonable constraints regarding timing, location, and inspection scope.

Limited Exceptions to "As Is" Sales

Despite "as is" designations, Wisconsin courts recognize buyer remedies in circumstances involving dealer misconduct:

• Inaccurate Window Label: When dealerships fail to disclose existing problems on the Wisconsin Buyers Guide that inspection should have revealed, the "as is" designation does not shield the dealer from liability for vehicle condition mismatches.
• Verbal Promises and Written Commitments: Spoken assurances regarding repairs, mechanical condition, or service commitments remain unenforceable unless documented in the Motor Vehicle Purchase Contract. Dealerships cannot override written "as is" terms through oral statements, but written repair commitments or condition representations supersede "as is" language when incorporated into the purchase agreement.
• Title Fraud and Odometer Tampering: Dealerships cannot lawfully misrepresent title status or engage in odometer fraud. Such conduct remains actionable regardless of "as is" language or warranty disclaimers.
• Concealment of Known Defects: When dealerships knowingly conceal material defects affecting safety or operability, buyers may pursue remedies even under "as is" sales. The dealer's failure to disclose items appearing on inspection reports or service records creates liability.
• Deceptive Statements Regarding Vehicle History or Use: Misrepresentations about prior use, accident involvement, or service history constitute fraud independent of warranty status.

Wisconsin law requires buyers to attempt informal resolution with dealerships before pursuing formal complaints. Maintaining detailed records of dealer communications, repair invoices, and inspection findings strengthens complaint documentation.

Filing a Consumer Complaint

Wisconsin Department of Transportation
Dealer & Agent Section
P.O. Box 7909, Madison, Wisconsin 53707-7909
Phone: (608) 266-1425
Official Website: Dealer & Agent Section

Wisconsin Department of Agriculture, Trade and Consumer Protection
Bureau of Consumer Protection
2811 Agriculture Drive, P.O. Box 8911, Madison, Wisconsin 53708-8911
Phone: (608) 224-5012
Official Website: Bureau of Consumer Protection