LEMON LAW & PERSONAL INJURY ATTORNEYS SERVING MICHIGAN & OHIO

The Lemon Law safeguards consumers when their brand-new motor vehicle exhibits a defect that significantly hampers its use, value, or safety. Importantly, this law protects the individual consumer, not the manufacturer or dealer, as it assesses the defect or condition from the consumer's perspective. This level of impairment can encompass malfunctions in the engine, transmission, brakes, and steering, or even persistent intermittent issues like water leaks, noxious smells, or problems with the paint. Ultimately, these defects or conditions entitle the consumer to proper relief under the Lemon Law.

The Michigan Lemon Law applies to a range of vehicles, including passenger cars, sport utility vehicles, pickup trucks, and vans. These vehicles are eligible if they were purchased or leased in Michigan or if they were purchased or leased by a Michigan resident, regardless of where the actual purchase or lease occurred. Additionally, the vehicle must have been covered by a manufacturer's express warranty at the time of purchase or lease. It's important to note that the Lemon Law does not extend to motor homes, buses, trucks other than pickups and vans, motorcycles, or off-road vehicles.

Yes. Any legal action regarding a vehicle must be initiated within 5 years from the date of original delivery. This time frame is crucial, as it defines the period within which a lawsuit must be filed or the case resolved. It's worth noting that the 5-year duration may be extended by the number of days a complaint is pending within a qualified informal dispute resolution program.

To ensure continued optimal performance of your vehicle, it is imperative to give the manufacturer a final opportunity for repair. This can be achieved by providing written notice, using a return receipt service, clearly stating the need for vehicle repair. Such notice can be given after the third unsuccessful attempt to repair the same defect or condition, or if the vehicle has been out of service for at least 25 days in a repair facility.

Upon receipt of the notice, the manufacturer is obligated to promptly inform you of a conveniently located repair facility where your vehicle can be attended to. Once you have delivered the vehicle to the designated repair facility, the manufacturer has a maximum of five business days to complete the necessary repairs. Failure to do so within this timeframe entitles you to either a suitable replacement vehicle or a refund of the purchase or lease price.

If a manufacturer has established or participates in an informal dispute settlement procedure, the Lemon Law does not apply to any consumer who has not first resorted to such procedure, if the procedure does all of the following:

• Complies with the Magnuson-Moss warranty – Federal Trade Commission Improvement Act, Public Law 93-637, 88 Stat. 2183, and 16 C.F.R. 703 (1975);

• Requires that the manufacturer to be bound by a decision that the consumer agrees to;

• Provides that the consumer is not obligated to accept the decision and may pursue the remedies provided by the Lemon Law; and

• Requires the manufacturer to begin the process of implementing any final settlement not more than 30 days after the settlement has been reached