How Long Can a Dealership Hold Your Car for Repair in Michigan?
Car repairs can be both frustrating and time-consuming, especially if your vehicle turns out to be a lemon. As a car owner, one of your biggest concerns when it comes to car repairs is how long it will take for your vehicle to be fixed.
In Michigan, there are laws in place that protect consumers from having their car held for repair for an unreasonable amount of time. It's important to understand dealership obligations and your rights under Michigan's lemon law and the Motor Vehicle Service and Repair Act.
At Ronald S. Weiss, Attorney & Counselor, we are dedicated to helping you protect your rights as a vehicle owner when it comes to dealership repairs and maintenance delays.
Understanding Your Rights as a Car Owner in Michigan
In Michigan, the Motor Vehicle Service and Repair Act was enacted to protect consumers from unfair practices by dealerships and repair shops. Under this act, dealerships are required to provide a written estimate before any repairs are made to your vehicle. This estimate must include the expected completion date for the repairs.
According to this act, if a dealership fails to complete the repairs within the estimated time frame, they must provide you with a written explanation for the delay and an updated completion date. If the repairs are not completed within this extended period, you can request that your vehicle be returned to you in its pre-repair condition.
What Constitutes an Unreasonable Amount of Time?
While the Motor Vehicle Service and Repair Act does not state a specific time frame for vehicle repair, it does state that any amount of time that is considered unreasonable will depend on several factors. These factors typically include:
The type of repair being performed
The availability of parts
Any unforeseen circumstances or delays beyond the dealership's control
In general, if your vehicle has been at the dealership for more than a few days or if the repair time exceeds the original estimate by a significant amount, it could be considered an unreasonable delay.
Understanding Michigan's Lemon Law
In addition to the Motor Vehicle Service and Repair Act, Michigan also has a "Lemon Law" in place to protect consumers who have purchased a vehicle with significant defects.
Under this law, if your vehicle has a significant defect that is covered by the warranty that occurred within a specific period or after a number of miles traveled and cannot be fixed after a reasonable number of repair attempts, you may be entitled to a refund or replacement vehicle.
However, it's important to note that this law only applies to new or leased vehicles and does not cover used cars. It also requires that you allow the dealership to fix any issues before seeking a refund or replacement.
What Is a "Reasonable" Time for Repairs for a Lemon?
Determining how long a dealership can hold your lemon for repairs depends on several factors. Generally, under Michigan Lemon Law, a reasonable time considers whether the repair attempts are effective and timely. The law specifically addresses the following relevant points:
Number of repair attempts: If the dealership has made four or more attempts to fix a defect and the issue persists, the vehicle may be considered a "lemon." At this point, you may be eligible for compensation or vehicle replacement.
Total time in the shop: If your vehicle spends 30 or more total days out of service due to repair attempts, whether continuous or spread across multiple visits, you may also qualify under Michigan Lemon Law.
Repair delays due to exceptional circumstances: Occasionally, supply chain issues, labor shortages, or other external factors may delay repairs. While these are taken into account, they do not exempt the dealership or manufacturer from meeting their legal obligations or deadlines.
If repairs are taking too long or defects remain unresolved, it’s important to document every interaction with the dealership and keep records of service attempts.
What to Do if Your Car is Being Held for an Unreasonable Amount of Time
If you believe that your car is being held for an unreasonable amount of time, it's important to take action to exercise your rights under Michigan's lemon law and the Motor Vehicle Service and Repair Act. Some actions you can take include the following:
Communicate with the dealership: Request a written explanation for the delay and an updated completion date. If the repairs continue to be delayed, you may want to consider seeking legal assistance.
Consult with an attorney: If your vehicle is being held for repairs beyond the estimated time frame, you may have a legal case against the dealership. An experienced lemon law attorney can help you understand your rights and options.
File a complaint: In Michigan, you can file a complaint with the state Attorney General's Office or the Department of State if you believe that a dealership has violated the Motor Vehicle Service and Repair Act or Lemon Law. This can lead to an investigation and potential penalties or restitution for damages.
At Ronald S. Weiss, Attorney & Counselor, we are experienced in dealing with dealership repair delays and other consumer protection in Michigan. We can help you uphold your rights as a car owner and make sure you aren't taken advantage of by dealerships.
Contact an Experienced Attorney
At Ronald S. Weiss, Attorney & Counselor, we strive to protect your rights as a vehicle owner under Michigan law. Unreasonable repair delays can cause unnecessary stress and financial hardship.
If you suspect that your dealership is taking too long to repair your car or failing to resolve serious defects, contact us to schedule a consultation. We're committed to achieving a resolution that prioritizes your safety, convenience, and legal rights. Located in West Bloomfield, Michigan, we serve clients throughout Michigan and Ohio.