Most people have heard the term “lemon” used to describe a defective car. But you might not know that Michigan has a “lemon law” that protects the rights of purchasers. When a new car falls under the Lemon Law, Michigan requires the seller to either replace the defective vehicle or refund the purchase price.
The Lemon Law is intended to protect car purchasers and place the burden of a defective new car squarely on the dealer and manufacturer. If your defective car qualifies, you have the right to seek redress under the Lemon Law. More importantly, you have the right to seek the assistance of a Michigan Lemon Law lawyer as you pursue justice.
Timothy Abeel & Associates focuses on Lemon Law cases. We understand the difficulties you face when you buy a vehicle that spends so much time in the repair shop that you simply cannot use it. We have protected the rights of thousands of consumers who feared they were stuck with a broken vehicle. Learn about the lemon law in Michigan and how our firm can help you with your car, SUV, pickup truck, or other passenger vehicle.
Michigan Lemon Law Explained
Michigan’s Lemon Law covers all “new” car purchases and leases. New simply means that the vehicle is still covered by the manufacturer’s express warranty. Thus, the law can cover:
- Vehicles sold as new
- Vehicles sold as used if they are covered by the original manufacturer’s warranty
- Vehicles leased while still under manufacturer warranty
This second point is important. Strictly speaking, there is no Michigan used car Lemon Law. But under Michigan Lemon Laws, used cars qualify as “new” while the manufacturer’s warranty is still in effect.
Bear in mind that the manufacturer’s warranty is different from the dealer warranty you might get from a used car dealer. The Lemon Law for used cars in Michigan only applies to cars covered by warranties from the manufacturer, not the dealer.
The Lemon Law has two stages:
Reasonable Number of Repairs
First, you will report the car’s defect to the manufacturer or dealer and take it in for repairs. The report must happen during the term of the manufacturer’s warranty or within one year of the delivery of the vehicle, whichever occurs first. So if the vehicle comes with a three-year warranty, the Lemon Law only applies during the first year.
The manufacturer has a reasonable opportunity to fix the vehicle. This ends when the same defect continues after four or more repair attempts or the vehicle is out of service for at least 30 days.
In either situation, the dealer gets one last chance to fix the vehicle before moving to the second stage. You or your Michigan Lemon Law lawyer notify the manufacturer or dealer of the last chance by sending a written letter after the third repair attempt or the 25th day out of service.
Replacement or Refund
If the vehicle remains unusable after the last chance to fix it, you and your Michigan Lemon Law lawyer can seek either of the following:
- A comparable replacement vehicle
- A refund of the purchase or lease price
The comparable replacement vehicle must be a vehicle currently in production and acceptable to you. You are not required to accept the replacement. You always have the right to decline a replacement and request a refund instead.
The refund will be the full purchase or lease amount you paid to the dealer minus the following:
- A reasonable allowance for use of the vehicle
- The appraised amount of any damage beyond the defect or normal wear
Whether you accept a refund or replacement, the dealer must also reimburse you for towing and rental cars.
Why Should You Call a Lemon Law Lawyer in Michigan?
The services provided by a Michigan lemon law lawyer include the following:
Review Your Situation
A lawyer will listen to your story and make sure the facts of your case fit within the scope of Michigan’s Lemon Law.
Advise You of Your Rights Under the Michigan Lemon Law
A Lemon Law Michigan attorney can explain how the law works and where you stand in the two-stage process.
Explain the Steps You Need to Take to Protect Your Rights
Under the Lemon Law Michigan used car and new car process, you must give the manufacturer and dealer time to try to fix your vehicle. A lawyer can describe the steps of the process, including the written notice requirements that you must meet before requesting a replacement or refund.
Gather Records to Support Your Lemon Law Claim
You need to document the vehicle’s defects and the steps you took to fix them. A lawyer can use these records to persuade the dealer to repurchase or replace the defective vehicle.
Communicate With the Dealer or Manufacturer to Provide Notice of Your Claim
As the dealer approaches their last chance to fix the vehicle, you must provide written notice of your intent to exercise your rights under the Lemon Law.
Negotiate a Fair Refund
If you elect a refund, the dealer will try to pay as little as possible. A lawyer negotiates for a fair refund based on your use of the vehicle.
Contact us online or by phone to learn how we can help with your defective vehicle.
Passenger motor vehicles that are self-propelled, sold in Michigan, and subject to registration and title in Michigan or any other state. Excludes motorized bicycles; motor homes used as a dwelling place, living abode or sleeping place; garden tractors; recreational vehicles or off-road vehicles; and vehicles over 10,000 pounds gross vehicle weight. According to Lemon Law, used cars in Michigan must still be under the manufacturer’s warranty.
No, motorcycles, boats, and unregistered off-road vehicles do not qualify as vehicles under Michigan’s Lemon Law
“Substantially impair” is defined to mean to render a vehicle unreliable or unsafe for normal operation or to reduce its resale market value below the average resale value for comparable vehicles.
If the manufacturer, its agent, or an authorized dealer is unable to conform the motor vehicle to any applicable express warranty by correcting a nonconformity after a reasonable number of attempts, then the manufacturer must replace or repurchase the motor vehicle.
If the problems with your vehicle started after the first year or outside the warranty period (whichever is longer), you may still be protected under the Magnuson-Moss Warranty Act, which provides for loss in value.
No, this is free of charge. You will not pay counsel fees.
The Lemon Law is designed so that the owner of a defective vehicle is fully reimbursed and not stuck paying additional expenses or costs. The law includes a fee-shifting provision that requires the vehicle manufacturer to pay all attorneys’ fees and other legal costs if the consumer wins the case IN ADDITION TO reimbursement for all repairs and service visits at the dealer.
All your expenses are paid whether you choose the repurchase remedy, replacement vehicle remedy or a cash and keep settlement.
Yes, we file Lemon Law claims for vehicle owners throughout Michigan no matter where they live in the state. If we need to have an expert inspect your vehicle and write a report, we will send that person to you.
A substantial amount of cases settle in 30 to 90 days. We will work to get our clients cases resolved as quickly as possible for the best result possible with a goal of settling each case within the first 30 to 90 days. If we can’t get your case resolved in that time , we will file suit against the manufacturer if they refuse to give our clients everything they're legally entitled to.
We would be able to help you with other available consumer protection laws if your vehicle has had an unreasonable amount of repairs under the manufacturer’s warranty and is a 2018 model or newer. Call Timothy Abeel & Associates at 888.611.5481 or contact us online to find out if you have a breach of warranty or loss in value claim.
Timothy Abeel & Associates P.C. works to get the owners of defective or malfunctioning vehicles the settlement they deserve as fast as possible. Give our firm a call at 888-611-5481 to find out what you are entitled to as a consumer.