07-C-1160 Lamont v. Winnebago Industries, Inc.

By: dmc-admin//August 18, 2008//

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Consumer Protection
Lemon Law

A vehicle purchased out of state is not subject to Wisconsin's Lemon Law.

"Based on the plain and unambiguous text of the statute, I conclude that the phrase 'accept transfer of,' as used in section 218.0171(1)(d), refers to transfer of possession of the motor home. Since it is undisputed that the Lamonts traveled to the dealership in Illinois to take possession of the motor home, I conclude that they did not accept transfer of the motor home in Wisconsin. For this reason and because, as concluded above, the motor home was not purchased in Wisconsin either, it follows that the motor home is not a 'motor vehicle' within the meaning of Wisconsin's Lemon Law. Summary judgment will therefore be granted on this claim."

07-C-1160 Lamont v. Winnebago Industries, Inc.

E.D.Wis., Griesbach, J.

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