Is your vehicle needing constant repairs? Does it seem to be constantly in the shop or do you have continuous breakdowns, even after having it fixed? You may be driving a lemon and under state and Federal laws you could be entitled to significant compensation and 100% free legal representation.
When you buy a car/truck/motorcycle or vehicle you are provided with a manufacturer's warranty promising to repair the vehicle. You have a right to expect problems will be fixed efficiently and effectively. If your vehicle is in the shop for repeat repairs or for an extended period of time, contact us at MUSSIN & SCANLAND, PLLC to help you get your vehicle back on the road.
Michigan Lemon Law
The Lemon Law is a state law designed to protect consumers from vehicles sold to them with defects from the manufacturers. In short, after you have provided a reasonable number of repairs for the same defect or condition, if not resolved you may be entitled to compensation. Lemon laws vary from state to state so it is imperative that you contact an attorney who specializes in this area.
How to Navigate Michigan Lemon Law
Your warranty promises to repair defects in materials and workmanship to any part covered by the warranty. This includes extended warranties and covers problems or issues in many areas including:
- Check Engine lights
- Transmission shudder or jerking
- Electrical Issues
- Loss of power
- Shifting problems
- Bluetooth and radio issues
- Heating and Cooling
- Water Leaks
Under the Michigan Lemon Law and other state statutes, you may be entitled to:
- Repurchase of your vehicle
- Replacement of your vehicle
- Significant Cash compensation for the diminished value of your vehicle
Michigan Lemon Law does not cover used vehicles. Instead, your used vehicle is covered by statutes such as the Uniform Commercial Code Breach of Warranty, the Magnusson Moss Warranty Act, the Michigan Consumer Protection Act, and the Michigan Motor Vehicle Service and Repair Act. So while not technically covered by the Michigan Lemon Law, there are numerous laws that do cover you. Contact MUSSIN & SCANLAND, PLLC today for a free analysis of your claim.
What Qualifies as A Lemon?
Generally speaking, any product you purchase qualifies as a lemon. While 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.
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 that 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.
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.