Free Michigan Lemon Law FAQs | Free Michigan Lemon Law Legal Documents

After My Last Chance Letter, How Long Does The Manufacturer Have To Repair My Vehicle?

Tue, 29 May 2007 21:19:00 GMT

After you take the vehicle to the designated repair facility, the manufacturer has 5 business days to repair the defect or condition.

Can The Manufacturer Deduct An Amount For The Use Of The Vehicle Prior To Its Return?

Tue, 29 May 2007 21:19:00 GMT

Yes. A manufacturer can deduct a reasonable allowance for use. Reasonable allowance for use is determined by multiplying the purchase or lease price of the vehicle by a fraction. The fraction used is determined by taking the number of miles of use prior to the first report of the defect directly attributable to the consumer and any previous consumers, plus all miles beyond 25,000 miles as a numerator, over 100,000 miles as a denominator. However, if a court or an alternative dispute settlement proceeding determined that the consumer provided sufficient evidence that the vehicle did not provide reliable transportation for ordinary personal or household use for any period beyond the first 25,000 miles, the court or settlement procedure could reduce the deduction for mileage beyond 25,000 miles.

Can The Manufacturer Or Dealer Cause Buyers To Waive Their Rights Under The Lemon Law By Use Of A Contract Clause:

Tue, 29 May 2007 21:19:00 GMT

No. Any contract clause which seeks to waive a buyer`s rights under the lemon law is void.

Does The Buyer Or Lessee Have The Option Of Requesting A Refund Or Replacement Vehicle?

Tue, 29 May 2007 21:19:00 GMT

Yes. The buyer or lessee has the right to demand a refund or may choose to accept a comparable replacement motor vehicle currently in production. If a lessee agrees to accept a replacement vehicle, the lease agreement cannot be changed, except to substitute the vehicle identification number.

How Many Chances Does The Manufacturer Or New Motor Vehicle Dealer Have To Repair The Problem?

Tue, 29 May 2007 21:19:00 GMT

The consumer may invoke the lemon law if:

The new motor vehicle has been subject to repair a total of 4 or more times within 2 years of the date of the first attempt to repair the defect or condition; or,
The new motor vehicle is out of service because of repairs for a total of 30 or more days.

I Think I Have A Defective Motor Vehicle. What Do I Do Now?

Tue, 29 May 2007 21:19:00 GMT

The first thing a consumer must do is give the manufacturer notice of the defect or condition by sending what is commonly called a last chance letter to the manufacturer by return receipt service. The last chance letter should be sent before the fourth repair attempt or before the expiration of the 30day period.

If I Decide To Sue The Manufacturer, When Must The Lawsuit Be Started?

Tue, 29 May 2007 21:19:00 GMT

The lawsuit must be started within the applicable statute of limitations which will vary depending on the theory of the lawsuit. For example, the Michigan Consumer Protection Act has a 6year period in which to file suit.

If I Go Through Mediation, Is The Decision Binding On Me?

Tue, 29 May 2007 21:19:00 GMT

No. The manufacturer is bound by the decision, but the consumer is not.

If I Want A Refund, What Is Included In The Purchase Or Lease Price?

Tue, 29 May 2007 21:19:00 GMT

The purchase price of the vehicle is the actual vehicle sales price listed on the buyer`s order including any cash payment, tradein allowance, sales tax, license and registration fees and other government charges. The lease price means the actual sales price paid by the lessor and includes the same additions as the purchase price. Excluded are debts from other transactions as well as customer discounts, rebates and incentives.

If I Win In Court, Can Attorney Fees Also Be Recovered?

Tue, 29 May 2007 21:19:00 GMT

Yes. The law authorizes the court to award reasonable attorney fees to a buyer who wins in court.

If The Buyer Or Lessee Does Not Meet The Lemon Law Requirements, Do They Have Any Other Remedies Under State And Federal Law?

Tue, 29 May 2007 21:19:00 GMT

Yes. The Lemon Law is only one law protecting buyers and lessees. They may also pursue claims under the Michigan Consumer Protection Act, Michigan Uniform Commercial Code, Federal MagnusonMoss Warranty Act, and other contract remedies. Claims under these laws include: breach of warranty, revocation of acceptance, breach of contract, and a failure to provide the promised benefits.

Must The Buyer Or Lessee Attempt To Repair The Same Defect Or Condition Within A Certain Period Of Time?

Tue, 29 May 2007 21:19:00 GMT

Yes. The buyer or lessee must have the initial repair attempt for the same defect or condition within the first year of delivery. The remaining three repairs must occur within two years from the initial repair attempt. Alternatively, the vehicle must be out of service for repair for 30 or more days during the term of the manufacturer`s express warranty or within 1 year of delivery, whichever is earlier.

Must The Buyer Or Lessee Resort To The Manufacturer's Arbitration Procedure Before Filing A Claim In The Court System To Pursue

Tue, 29 May 2007 21:19:00 GMT

No, unless the manufacturer`s mediation procedure conforms to Federal Trade Commission regulations and the manufacturer expressly requires the consumer to resort to the mediation process. Many manufacturers` mediation procedures do not meet the requirements of the Federal Trade Commission regulations.

What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Effective January 4, 1999, consumers who lease new motor vehicles for personal, family or household use are afforded the same legal remedies as purchasers of motor vehicles.

The new law protects a consumer whose new motor vehicle has a defect or condition that impairs the use or value of the new motor vehicle to the consumer. Each consumer will have his or her own opinion whether the defect or condition meets this level of impairment. The important part is that the defect or condition must be measured from the point of view of the individual consumer, not the manufacturer or dealer. Clearly an engine, transmission, brake or steering defect may meet this level of impairment. However, a persistent intermittent defect, such as a water leak, noxious odor, or paint problem may also be a defect or condition entitling the consumer to relief under the Lemon Law.

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

Any new car, van or truck bought by a resident of Michigan for personal or family use.

4 repair attempts or 30 business days out of service

Warranty period or 1 year.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Where Can I Get More Information About The Lemon Law?

Wed, 18 Jun 2008 19:08:23 GMT

Michigan Office of the Attorney General, Consumer Protection Division
P.O. Box 30213
Lansing, MI 48909

Michigan State Bar Association
The Michael Franck Building
306 Townsend Street
Lansing, MI 48933
5173466300
www.michbar.org

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

Free Lemon Law Attorney FAQs

Mon, 30 Nov 2009 00:09:05 GMT

Free Lemon Law Attorney FAQs