Could the Michigan lemon law help you resolve your car issue? If you have purchased or leased a defective new automobile, understanding how the lemon law in Michigan applies to you and your situation could be the first step toward receiving compensation. The term lemon law refers to cars/vehicles that are defective or continue to have issues, despite numerous repairs.
The law lemon Michigan has been in acted to protect consumers. Different states have different laws pertaining to if a car qualifies as a lemon. Below you’ll find a summary of the California state lemon law, what you should do if you think your car is a lemon, and lemon law resources.
One of the main things to consider as to whether Michigan’s lemon law applies to your case is whether your vehicle is new vs. used. A majority of lemon law state statutes apply only to new cars. However, some states do have provisions under their lemon laws for used cars.
The issue is specifically linked to your vehicle’s warranty. New cars are sold with vehicle warranties that specify coverage for a specified number of miles or months. It is under the umbrella of this warranty that the lemon law generally applies. For used cars sold by dealers with warranties, coverage under the state’s lemon law may apply. If your state does not have specified lemon laws for used cars and you purchased your used car with a warranty, federal lemon laws may apply.
The following are the key aspects of the law lemon Michigan. In order for your car to qualify under the lemon law, the following conditions must be met:
• The lemon law covers four-wheel vehicles used for personal, family or household use, or fleets of less than 10, including pick-ups and vans, excluding buses, trucks and motor homes.
• 4 repair attempts - 30 business days out of service
• The coverage period is the issued express warranty period or 1 year, whichever is first.
If the above conditions are met, under the law lemon Michigan the manufacture or dealer is required to do the following:
• If the new motor vehicle was purchased, the manufacturer must either replace the new motor vehicle with a comparable replacement motor vehicle currently in production and acceptable to the consumer or accept return of the vehicle and refund to the consumer the purchase price. A consumer shall have the right to demand a refund.
• If the new motor vehicle was leased, the consumer has the right to a refund of the lease price paid by the consumer. The consumer may agree to accept a comparable replacement vehicle in lieu of a refund for the lease price paid. If the consumer agrees to accept a replacement vehicle, the lease agreement shall not be altered.
The first thing you’ll want to do before making a lemon law claim is to gather all needed documentation. Keep detailed records of all problems, repairs performed, and the amount of time your car is unavailable while repairs are being made. Without these documents, proving your car qualifies as a lemon will be a challenge. If you did not collect documents when problems first arose, ask the dealer for the repair records.
To help you organize your documentation, click on this link for a repair log: Lemon Law Repair Log
Second, in order to potentially invoke the law lemon Michigan, you must communicate with the dealer attempting to repair the vehicle that you feel your vehicle qualifies under the lemon law. If the dealer is not complying, contact the manufacturer directly, detailing the problem. When contacting the manufacturer, specifically ask for their procedure for making a lemon law claim.
A final step you can take is to hire a lemon law attorney. The good news is that the lawyer fees are generally free to the consumer. If an attorney who specializes in the Michigan lemon law loses your case, they don’t get paid. If they win, the manufacturer pays the legal fees. Thus, if you do not feel like the dealer or manufacture has provided sufficient restitution, hiring a California lemon law attorney is definitely worth the effort.
If your situation does not fall under the law lemon Michigan, there is another option. Another potential resource is the federal lemon law. This statute is called the Magnuson Moss Warranty Act. In general it falls under the breach of warranty (BOW) theory. Restitution under this act is different than under than law lemon Michigan.
Instead of reimbursement for the vehicle, restitution is the difference between the Kelly blue book value of the car in excellent conditions vs. good or poor condition. Again, if you are unclear if the Michigan lemon law applies to your situation, a lemon law attorney can be hired at no cost to you to determine if the federal lemon law applies to your case.
If you have specific questions regarding the law lemon Michigan, you can also contact the Michigan Attorney General’s Office at the following address:
Attorney General’s Office
Consumer Protection Division
P.O. Box 30213
Lansing, MI 48909
Toll Free (877) 765-8388
Facsimile (517) 241-3771
You can also visit their website at: Michigan Attorney General's Office
The Better Business Bureau also has a printable summary of the Michigan lemon law: BBB State Lemon Law Statutes