Legal Opinion

Marquez v. MERCEDES-BENZ USA, LLC

Court of Appeals of Wisconsin

Decided April 9, 2008No. 2007AP681PublishedCited by 7 opinions

1Opinion of the CourtBrown, C.J.

¶ 1. The manufacturer of a "lemon" vehicle has thirty days to fulfill a consumer's request for replacement or refund under Wisconsin's Lemon Law. The state's courts have consistently refused to extend or ignore this deadline when the manufacturer and consumer could not reach agreement on refund details, or to allow a manufacturer to impose its own conditions on the consumer's refund. Our position has been that the Lemon Law lays out the consumer's obligations, and that once those are met, it is the manufacturer's responsibility to make the refund or replacement happen within thirty days. See…

2Cases cited9 opinions

  1. Hughes v. Chrysler Motors Corp.Wisconsin Supreme Court · 1996
  2. Johnson v. Rogers Memorial Hospital, Inc.Wisconsin Supreme Court · 2005
  3. In Re the Termination of Parental Rights to Marquette S.Wisconsin Supreme Court · 2007
  4. Church v. Chrysler Corp.Court of Appeals of Wisconsin · 1998
  5. Berends v. MacK Truck, Inc.Court of Appeals of Wisconsin · 2002

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3Cited by7 opinions

  1. Marquez v. Mercedes-Benz USA, LLCWisconsin Supreme Court · 2012
  2. Lukather v. General Motors, LLCCalifornia Court of Appeal · 2010
  3. James Michael Leasing Company v. Paccar, IncorporatedCourt of Appeals for the Seventh Circuit · 2014
  4. Mercedes-Benz USA, LLC v. HinkleyCourt of Appeals of Wisconsin · 2018
  5. Flowers-Carter v. Braun CorporationDistrict Court, D. Arizona · 2021

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