Lemon Law — Could my car qualify?

I bought a brand new car six months ago and have had to make one repair after another. Could my car qualify as a "lemon?

You may choose to make lemonade if life hands you a lemon, but it's a bit more challenging to apply the quip if you think you are driving a lemon.

Both Wisconsin and Minnesota have lemon laws covering new cars, trucks, motorcycles or motor homes purchased or leased in their respective states.

In Wisconsin, the vehicle must have developed its defect or defects during its first year and while still under warranty, according to Johns, Flaherty & Collins attorney Joe Veenstra. There is no statutory deadline for filing a lemon lawsuit; however, a claim should be submitted expeditiously.

In Minnesota, the vehicle has to be under original warranty and used at least 40 percent of the time for personal, family and household purposes. The first report of a defect must occur under warranty or within two years, whichever comes first. If problems continue with the same defect, the claim can be filed by the end of the third year.

"In both states, the defect must be substantial and the company must have failed to remedy it after four tries. The defect cannot be minor like an unexplained rattling, but something like repeated stalling would likely qualify," Veenstra said. "Or, you may be eligible with multiple defects that prevented you from using your vehicle for 30 or more days within a year."

If you think you have a lemon, keep records of the repairs. The dealer and/or manufacturer have the right to require arbitration before you can file a suit under the lemon law if the manufacturer participates in a certified program.

If your vehicle is determined to be a lemon, you may choose replacement or a refund, but a reasonable amount can be deducted for the miles you've driven, Veenstra said.

"To the consumer, any vehicle with problems seems like a lemon, but the defect generally must be substantial in order to qualify legally as a lemon," Veenstra said.

For more information about consumer law, contact Joe Veenstra at 608-784-5678.