State Supreme Court Addresses Consumer Responsibility in Lemon Law Ruling

July 11, 2012 (Press-News.org) The Wisconsin Lemon Law gives consumers the right to get a timely refund or replacement vehicle from a car manufacturer when a vehicle they purchased is defective. The Wisconsin Supreme Court recently ruled that unless a consumer intentionally prevents the manufacturer from issuing a timely refund, under the Lemon Law, the manufacturer is responsible for paying the money within 30 days of the consumer's request.

Case History

The ruling was based on the case of businessman Marco Marquez, who bought a Mercedes-Benz E320 in 2005 and tried to get a refund for the $56,000 car when it did not run after several attempts to repair it. Mercedes claims that Marquez was not eligible to receive a refund because he intentionally prevented it from obtaining vehicle finance information that the company needed. As a result, Mercedes failed to provide a timely refund and Marquez sued the car manufacturer.

A Waukesha County judge disagreed with Mercedes' position and awarded Marquez summary judgment. Mercedes appealed the decision and the Court of Appeals sent the case to be heard by a jury.

In 2009, that jury sided with Mercedes, but Waukesha County Circuit Judge Michael Bohren overturned the verdict and Marquez was awarded $482,000. The case was appealed and ultimately certified to the State Supreme Court.

Supreme Court Ruling

In a 6-1 decision, the Wisconsin Supreme Court upheld Bohren's decision and found that there was no evidence that proved Marquez intentionally tried to preclude Mercedes from issuing the refund he deserved. Furthermore, the court found that Mercedes had not done its due diligence in getting the information it needed from Marquez.

In the majority opinion, Chief Justice Shirley Abrahamson wrote, "It is not sufficient to argue that a consumer was unreasonable or careless in responding to a manufacturer's requests for additional information."

Consult an Attorney

Wisconsin and federal law requires that automobile manufacturers and dealers honor the terms of their warranties and to repair defects within a reasonable time. Unfortunately, manufacturers sometimes refuse to abide by these terms. If you suspect that you purchased a defective motor vehicle, contact an experienced Lemon Law attorney to protect your rights.

Article provided by Aiken & Scoptur
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