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What is the Lemon Law in Michigan?
In the state of Michigan, if your vehicle is determined to be a lemon, you are entitled to a refund of your money minus a deduction for mileage from the mileage at the first repair, and the manufacturer also pays off your loan, and you return the vehicle to the manufacturer. Or in the alternative, you’re entitled to a replacement vehicle. You’d be entitled to a new vehicle in place of your current vehicle, and there’s also the possibility of cash compensation where you keep your vehicle. In all of those instances, the manufacturer’s required to pay the attorney’s fees as well.
What vehicles Are Covered Under the 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.
Don’t be stuck with a lemon. You have legal rights to cash, return or buyback.
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Does the Michigan Lemon Law apply to used cars?
Typically a vehicle that is purchased used may still qualify as a lemon if it was purchased and the problems occurred while the vehicle was still under the manufacturers new car warranty or possibly covered by a certified pre-owned warranty or extended warranty. Finally it should be noted that a used vehicle that is purchased as is and without a warranty cannot qualify as a lemon under the MI Lemon Law.
Getting Lemon Justice — Relief Under Michigan Lemon Law
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.
Hiring a Lemon Law Lawyer in Michigan
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.
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 an Illinois lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.
What Happens When You Hire a Lemon Law Lawyer?
A good lemon lawyer will work on your behalf to get the compensation to which you’re entitled – typically in the form of a refund, a replacement vehicle, or a cash settlement. Your Lemon Law attorney will ask you for all of your records, such as repair orders and correspondence, that pertain to your lemon. Your lawyer will conduct a thorough investigation of your vehicle’s repair history, then present the manufacturer with a statement outlining your case and demanding full recovery. More often than not, the manufacturer will settle; if not, though, your Lemon Law attorney should be prepared to sue the manufacturer. Your lawyer should be able to resolve your case within one to two months.
is there anything you can do after a settlement has been received…still have the same issues and cannot get from under the vehilce