MI Lemon Law Statutes

Michigan Lemon Law Qualifications

Vehicles Covered

The Michigan lemon law covers an y motor vehicle designed as a passenger vehicle, sports utility vehicle, pickup truck, or van. The lemon law does not cover buses, trucks, and motor homes.

A "new motor vehicle" is a motor vehicle that is purchased or leased in Michigan or purchased or leased by a resident of Michigan, and that is covered by a manufacturer's express warranty at the time of purchase or lease. The lemon law covers used motor vehicles transferred during the manufacturer's express warranty.

Consumers Covered

The lemon law covers a person who:

  • Purchases or leases a new motor vehicle for personal, family, or household use and not for the purpose of selling or leasing the new motor vehicle to another person;
  • Purchases or leases less than 10 new motor vehicles a year;
  • Purchases or leases 10 or more new motor vehicles a year only if the vehicles are purchased or leased for personal, family, or household use; or
  • Is entitled to enforce the provisions of an express warranty pursuant to the terms of that warranty.

A "person" under the lemon law is a natural person, a sole proprietorship, partnership, corporation, association, unit or agency of government, trust, estate, or other legal entity.

Vehicle Converters

The lemon law applies to vehicle converters.

Problems Covered

The lemon l aw covers any defect or condition that impairs the use or value of the new motor vehicle to the consumer or prevents the new motor vehicle from conforming to the manufacturer's express warranty.

The lemon law does not cover any defect or condition that is the result of a modification not installed or made by or for the manufacturer, or abuse or neglect of the new motor vehicle or damage due to an accident occurring after the new motor vehicle's purchase or lease.

Reasonable Number Of Repair Attempts

The Michigan lemon law requires that the vehicle was subjected to a reasonable number of repair attempts as determined by the section describing the presumption. A reasonable n umber of repair attempts is established if either of the following occurs:

  • The same defect or condition that substantially impairs the use or value of the motor vehicle to the consumer has been subject to repair four or more times by the manufacturer or new motor vehicle dealer in Michigan within two years of the date of the first repair attempt, and the defect or condition continues to exist; or
  • The defect or condition continues to exist after the vehicle is out of service for 30 or more days or parts of days for repairs to the same defect or condition during the term of the manufacturer's express warranty, or within one year from the date of delivery to the original consumer, whichever is earlier.

The presumption is irrebuttable; once satisfied, the manufacturer is deemed to have been afforded a reasonable number of attempts to repair a nonconformity.

The term of the manufacturer's express warranty, the one - year period and the 30 day period are extended if repair services were not available to the consumer because of war, invasion, strike, fire, or other natural disaster.

Michigan Arbitration Requirements

The provisions of the lemon law d o not apply to any consumer who has not first resorted to a manufacturer's informal dispute settlement procedure if the procedure:

  • Complies with the Magnuson - Moss Warranty Act and 16 C.F.R. Part 703, then the consumer must first resort to the informal disp ute settlement procedure;
  • Requires 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 my pursue the remedies provided by the lemon law; and 4. Requires the manufacture r to begin the process of implementing any final settlement not more than 30 days after the settlement has been reached.
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