Mussin & Scanland, PLLC

Are Used Vehicle Covered?


Michigan does not have a Used Vehicle Lemon Law statute.  In cases where a vehicle was sold "AS-IS" recovery is going to be difficult.  In cases where the vehicle was or is covered by a warranty, including service contracts, then yes, you have rights and can pursue a claim.  In these cases, typically the Magnuson-Moss Warranty Act will cover you.  We will also bring claims under the Uniform Commercial Code Breach of Warranty provisions, the Michigan Motor Vehicle Service and Repair Act, and Michigan Consumer Protection Act, and any number of other statutes that may apply to your claim.  Call us and find out what your remedies are.  The consultation is free and we will likely be able to help you.

What Qualifies as a Lemon?


Generally speaking, any product you purchase qualifies as a lemon.  Wile the Michigan Lemon Law (MCL 257.1401) deals with motor vehicles there are other statutes that protect you regarding motorhomes, motorcycles, RV's, offroad vehicles, even your refrigerator.  In Lemon Law cases, the Lemon Law is essentially a breach of warranty statute.  Most new products are purchased with warranties.  The warranty provided typically states that the product you bought will be free of defects in materials and workmanship.  Once defects arise, you are obligated to provide the manufacturer with an opportunity to repair the vehicle. If after a reasonable number of repair attempts, the vehicle (or product) cannot be repaired, the warranty is deemed to have failed of its essential purpose and you are entitled to compensation for this failure.

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How Much Will this Cost Me?


The Short Answer is Nothing.  We will NEVER charge you attorney fees for cases brought pursuant to the Michigan Lemon Law.  The Michigan Lemon Law and Magnuson-Moss Warranty Act are commonly called Consumer Protection Statutes or Fee Shifting Statutes.  Both statutes contain provisions that allow attorneys to seek the fees and costs from the defendant manufacturer upon successful resolution of the case.  The idea behind the fee shifting nature of these statutes is to provide consumers with equal rights and bargaining powers when dealing with large corporations.  This is done by putting pressure on the corporation in cases where attorney fees often far exceed the actual recovery to the consumer.  Using an over-simplified example, if your toaster has a warranty and is defective after three repair attempts, the cost to hire an attorney to sue for a new toaster would far outweigh the purchase price.  However, under a fee shifting satutes the risk of attorney fees shifts to the manufacturer.  While this applies in most Lemon Law cases, please contact us and make sure your case falls in to this category.

How Many Days Out of Service are Required?


There are no specific amount of days the vehicle needs to be out of service if you have multiple repair attempts.  In cases where there are two or fewer repair attempts, or even on the first, under the Michigan Lemon Law, where a vehicle is out of service twenty-five (25) days by reason of repair, you must send the final repair notice to the manufacturer, at that point, the manufacturer then has an additional five (5) days to repair the vehicle.  Thus, if after thirty (30) days out of service the vehicle remains defective, it is presumed to be a lemon.

How Many Repairs Do I Need?


The Michigan lemon law provides that you must have presented the vehicle three (3) times.  After the third time, you must provide a last chance repair opportunity to the manufacturer.  If after the fourth (4th) repair, the defect remains, the vehicle is presumed to be a lemon.  Under the Magnuson-Moss Warranty Act, it can be as few as two (2) repairs to the vehicle that will entitle you to compensation.  The number of repairs can be technical and in cases where you may think you do not have a lemon law claim, you likely do and it can be pursued under any number of different states.  For example, even if the dealership writes on the repair order "No Problem Found" or "Could Not Duplicate" these are still repairs.  In cases where the vehicle cannot be repaired or there is no repair at this time, this is a breach of the warranty and you'll need to call us to explain your rights in more detail.

LEMON LAW ANSWERS

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What Qualifies as a Lemon?


What are my Lemon Law Rights?


How Many Repairs Do I need?


How Many Day Out o Service are Required?


How Much Will This Cost Me?


​Are Used Vehicles Covered?

What are my Lemon Law Rights?


You have a number of different rights.  Under the Michigan Lemon Law, where defects in the vehicle cannot be repaired after a reasonable number of repair attempts, the vehicle is presumed to be defective and you are entitled to either a repurchase or replacement of the vehicle.  Under the Magnuson Moss Warranty Act (15 U.S.C 2301), essentially a federal lemon law which covers far more than just vehicles, this act provides remedies under the Uniform Commercial Code which can include cash settlements of diminished value, differences in the cost of repair, and incidental and consequential damages.