Michigan Lemon Law
If you believe you’ve been saddled with a defective vehicle, Michigan lemon law can help. Here’s a summary of what you need to know:
New cars: Yes
Used cars: No
Business vehicles: No
Leased vehicles: Yes
Lemon law period: 1 year
What is a Lemon Car Under Michigan Lemon Law?
Michigan lemon law covers new and leased passenger vehicles, SUVs, vans, and trucks that are purchased in Michigan. In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Purchased or leased by a Michigan resident (regardless of where the vehicle was purchased or leased)
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, safety, or value of the vehicle
- Has manufacturer’s defects that occurred during the first year from the delivery date or before the expiration of the manufacturer’s warranty (whichever period ends first)
- Has been taken in four times for the same problem within two years of the first repair attempt; or has been out of service for a variety of problems for a cumulative total of 30 business days or parts of days within one year of the date of delivery of the vehicle
- After the third repair attempt or after the vehicle has been out of service for a cumulative total of 25 days, the manufacturer has been notified of the defect and been given a final opportunity to repair the vehicle
- It is used primarily for personal, family, or household purposes
MCL Section 257.1401 – 257.1410 is the state’s lemon law.
Getting Lemon Justice: Michigan Lemon Law Relief
Michigan lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:
- The full purchase price
- Dealer- or manufacturer-installed options
- Attorney’s fees
The amount of the monetary reward may be reduced by a deduction for your use of the vehicle, which is calculated by dividing the number of miles on the odometer at the time of the first repair attempt plus any mileage over 25,000 by 100,000, and multiplying by the purchase price.
Pursuing a MI Lemon Law Claim
If you want to pursue a claim under Michigan’s lemon law, you must first send a notification to the manufacturer and give them one last chance to repair the vehicle. You should send this letter after the third repair attempt or after the vehicle is out of service for a cumulative total of 25 days or parts of days. According to the law, the demand letter must be sent by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
Once you send the letter, the manufacturer must make a final repair attempt. The manufacturer will tell you where to take the vehicle, and they have five days to fix the problem. If the problem isn’t fixed, you must participate in your vehicle manufacturer’s dispute resolution process (for example, arbitration, conciliation, or mediation) before you are eligible to file a lemon law claim in court. If you are offered a settlement through the arbitration process, you can decline the settlement and file suit.
How We Can Help
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 15,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a Michigan lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.