When a motor vehicle dealer must repair improperly reported items in the Wisconsin Used Car Buyer’s Guide

A motor vehicle dealer has an obligation to remedy an item improperly reported in the Wisconsin Used Car Buyer's Guide if:

  1. the dealer could have found the problem using reasonable care;
  2. the buyer notified the dealer within a reasonable time after the buyer discovered or should have discovered the improperly reported item; and
  3. the buyer has made the vehicle available to the dealership to repair. 

Trans 139.04(6)(a)(5). 

Upon satisfying the 3 conditions noted above, the dealership then has the obligation to "reasonably remedy or make a good faith effort to reasonably remedy" the improperly reported item within 30 days of the buyer's notification. A dealership's failure to do so is an unfair practice that is subject to civil penalties. Where the buyer (consumer) has suffered a monetary (pecuniary) loss, the buyer can bring a lawsuit against the dealership for damages. A consumer’s legal remedies include recovering the costs of litigation, like attorney’s fees.

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