Michigan Lemon Law

MICHIGAN LEMON LAW
The question when looking for a lemon law attorney is “Do I have a lemon vehicle” or “Do I qualify for the “Lemon Law.”  The answer depends on the specific facts of each case, but if you are experiencing constant or continuing concerns with your vehicle, any one of a number of statutes will apply to your situation.

 

“Lemon Law” is a generic term used to represent defective cars and trucks however, it is more properly termed a breach of warranty case.  These cases encompass a broad spectrum of consumer products from warranties in homes, to boats, motorcycles, Recreational Vehicles (RV’s), ATV’s, snowmobiles, computers, and even household appliances such as refrigerators, ovens, and furnaces.

 

State and federal statutes such as the Michigan Lemon Law, Magnuson-Moss Warranty Act, Uniform Commercial Code provisions for Breach of Warranty and Breach of Contract, offer numerous avenues of relief from defective or lemon vehicles, boats, RV’s, motorcycles, and trucks that were provided to you with a warranty or service contract. This website is intended to give you a brief overview of the many types of lemon law statutes that are available to assist you in obtaining relief for your defective vehicle or product.

Michigan Lemon Law

Michigan’s lemon law (MCL 257.1401, et. Seq.) applies to passenger cars and trucks purchased new by a consumer. Under the lemon law, you relief is against the manufacturer or distributor of the vehicle, as opposed to the new vehicle dealer.

In most cases, under the lemon law, a vehicle that continues to have a defect or condition which substantially impairs the use or value of the vehicle is potentially a lemon vehicle. In every case, you are required to have provided the manufacturer with reasonable number of repair attempts to allow the manufacturer an opportunity to make the vehicle conform to the promise in the warranty. It is presumed a reasonable number of attempts have occurred when:

a.Your vehicle has been out of service for repairs at least 30 days during the first year you owned the vehicle; or

b.Your vehicle has been delivered for repair four or more times for the same problem and the defect continues to exist.  It is important under this portion of the lemon law that the first repair attempt occur within the first year of ownership.

In order to make a claim under the Michigan lemon law you are required to notify the manufacturer of the need for repair, by certified mail, and the manufacturer is then entitled to a final repair attempt.  Upon receiving notification, the manufacturer must notify you as soon as reasonably possible of a repair facility where the final repair attempt will take place. The manufacturer then has five business days after delivery to complete its final repairs.  If the repairs are not completed within five days the buyer may seek a refund or replacement of the vehicle less an offset for the miles you have used the vehicle.

Magnuson-Moss Warranty Act

 

The Magnuson-Moss Warranty Act, is designed to put “teeth” into state law warranty rights. The Act applies to consumer good and covers express written warranties, service contracts, and warranties created by state statutes. Remedies under the Act include a refund or replacement.  While not specifically a lemon law statute, the Magnuson-Moss Warranty Act is commonly referred to as a type of Federal lemon law.

While no one case fits perfectly in the many consumer protection statutes, there are other claims that may be brought under statutes such as the Michigan Consumer Protection Act, the Motor Vehicle Service and Repair Act and a combination of different statutes.  In any case, you should speak with an experienced lemon law and consumer protection attorney.

Are you considering filing a Lemon Law case?

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