Does the Lemon Law Cover if It Was Fixed Once and Then Does the Same Thing Again With in Months

Michigan's Lemon Constabulary - Avert Getting Stuck with A Lemon

(Download and print the designed version of this Consumer Alert)

Most new vehicles are reliable, simply some will turn out to be lemons. For those, Michigan's Lemon Police provides relief if you purchase or lease a lacking vehicle. To aid you understand your rights under Michigan's Lemon Law, this alert provides answers to mutual Lemon Law questions.

Questions and Answers About the Lemon Law

Question: Which vehicles are covered by Michigan'due south Lemon Law?

Answer: The Lemon Law applies to rider vehicles, sport utility vehicles, pickup trucks, and vans that are purchased or leased in Michigan or purchased or leased by a Michigan resident (regardless of whether the vehicle was purchased or leased in Michigan) and covered past a manufacturer'south express warranty at the fourth dimension of purchase or lease.
The Lemon Law does not apply to motor homes, buses, trucks other than pickups and vans, motorcycles, or off-road vehicles.

Question: What virtually used vehicles?

Reply: This is tricky. Generally, the Lemon Law does not apply to used vehicles. Just the Lemon Law does apply to a vehicle still "covered past a manufacturer'due south express warranty at the time of purchase or lease," if the problem is reported to the manufacturer or its authorized dealer within one yr from the date of commitment to the original purchaser. Thus, the Lemon Law may utilize to a "used" vehicle that meets these criteria.

Question: To whom does Michigan's Lemon Law apply?

Reply: The lemon law applies to a person who:

1. Purchases or leases a new motor vehicle for personal, family, or household use and not to sell or charter the new motor vehicle to another person;
2. Purchases or leases less than 10 new motor vehicles a twelvemonth;
3. Purchases or leases 10 or more new motor vehicles a year only if the vehicles are purchased or leased for personal, family unit, or household use; or
4. Is entitled to enforce the provisions of an express warranty pursuant to the terms of that warranty.

A "person" nether the Lemon Law is a natural person, a sole proprietorship, partnership, corporation, association, unit of measurement or agency of authorities, trust, estate, or other legal entity.

Question: Under the Lemon Law, practise I have a correct to return my vehicle within 3 days of purchase?

Answer: No. Many consumers mistakenly believe that a "cooling off period" that allows you to abolish some written contracts in very limited circumstances applies to all purchases. On the contrary, as a general matter of contract law, consumers do non have the correct to cancel a sale of goods or services. To learn more than nearly the limited right to contract counterfoil, read the Chaser Full general'south Consumer Alert, I Changed My Mind – Can I Abolish This Contract?

Some dealers offering extended test drives and allow customers to take vehicles domicile overnight or for a few days, but that is a promotional tactic and not a thing of contract law.

The remedies provided past the Lemon Police force, which include the right to return your vehicle and receive a refund of the buy or lease price, are not triggered until the vehicle is subjected to a reasonable number of repairs—which will occur well beyond three days later your purchase.

Question: What problems or defects does the Lemon Law cover?

Answer: The Lemon Constabulary 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'southward express warranty.

The Lemon Police does non cover any defect or condition that is the issue of a modification not installed or made past or for the manufacturer, or abuse or fail of the new motor vehicle, or damage due to an accident occurring after the new motor vehicle'south purchase or lease.

Question: What is the showtime step to recovering nether the Lemon Police force?

Answer: To recover under the Lemon Police force, you must first report the problem to the manufacturer or its authorized dealer within the term of the warranty or 1 twelvemonth from the engagement of delivery to the original purchaser, whichever comes first. Later receiving timely notice of the trouble, the manufacturer or its authorized dealer must repair the problem fifty-fifty if the repair cannot be performed until afterwards the expiration of the manufacturer's express warranty.

Question: What if the problem I reported to the manufacturer or its authorized dealer continues to persist?

Answer: You may be entitled to a refund of the purchase or charter price or a comparable replacement vehicle if the problem persists afterward a reasonable number of repair attempts.

Question: What is considered a reasonable number of repair attempts?

Answer: Information technology is presumed that a reasonable number of repair attempts accept been taken if 1 of the post-obit occurs:

(a)  The aforementioned defect or condition continues to exist fifty-fifty though the vehicle has been subjected to repair a total of 4 or more times within two years of the appointment of the first attempt to repair the defect or status; or

(b)  The vehicle is out of service because of repairs for a total of 30 or more than days or parts of days during the term of the manufacturer'due south express warranty, or within one year from the appointment of commitment to the original consumer, whichever comes first. This option does not require the aforementioned problem to be the cause of the days out of service.

Question: My vehicle still isn't fixed after a reasonable number of repair attempts, how do I get a refund or replacement?

Answer: You must give the manufacturer i last opportunity to repair the vehicle by giving the manufacturer written find, past return receipt service, of the need to repair the vehicle. Detect can be given at whatever time after the third attempt to repair the same defect or condition or at any time after the vehicle has been out of service for at to the lowest degree 25 days in a repair facility.

After receiving notice, the manufacturer must notify y'all as shortly as reasonably possible of a reasonably accessible repair facility to accept your vehicle to take it repaired. After delivery of the vehicle to the designated repair facility, the manufacturer has five business days to repair the vehicle. If the vehicle is non repaired within five business days, you lot may receive a comparable replacement vehicle or a refund of the purchase or lease toll.

If a manufacturer has established or participates in an breezy dispute settlement procedure, the Lemon Police force does not apply to any consumer who has non first resorted to such process, if the procedure does all 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 be leap 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 past the Lemon Law; and
• Requires the manufacturer to brainstorm the process of implementing whatever terminal settlement not more 30 days afterward the settlement has been reached.

Question: If the manufacturer offers a replacement vehicle, can I demand a refund instead?

Answer: Yes. As the heir-apparent or lessee, you lot have the right to need a refund or y'all may choose to accept a comparable replacement motor vehicle currently in production. If you lot are leasing the vehicle, and hold to accept a replacement vehicle, the lease agreement cannot be changed, except to substitute the vehicle identification number.

Question: What is considered the purchase or charter price for purposes of a refund under the Lemon Law?

Respond: The buy toll or lease toll includes the cost of whatever options or other modifications installed or made past or for the manufacturer, and the amount of all other charges made past or for the manufacturer, less a reasonable allowance for your utilise of the vehicle and an amount equal to any appraised damage that is not attributable to normal use or to the defect or status.

Further, the manufacturer must reimburse you for towing costs and reasonable costs for a comparable rental vehicle that were incurred as a direct result of the defect or status.

Question: What should I exercise to protect my rights under the Lemon Constabulary?

Reply:

• Keep copies of all correspondence to and from the manufacturer and the dealer.
• Go along copies of all piece of work orders for repairs on the vehicle, including the appointment(s) the work was performed and the mileage on the vehicle at the time of the repair(s).
• Follow all requirements of the warranty, including any requirement that the repairs must be done by an authorized dealer specified past the manufacturer.

The Better Business Bureau'south Auto Line

Through its Motorcar LINE plan, the Improve Business Bureau (BBB) has helped almost two million consumers detect a solution to their vehicle bug since its inception in 1978. If your auto manufacturer participates in the BBB Machine LINE plan, the BBB can help you negotiate with the manufacturer and, if necessary, hold an arbitration hearing.  If your manufacturer does not participate in the AUTO LINE program, the BBB will road your complaint to that manufacturer.

If you have a full general consumer problem, or want to file a complaint:

Consumer Protection Division
P.O. Box 30213
Lansing, MI 48909
517-335-7599
Fax: 517-241-3771
Cost gratis: 877-765-8388
Online complaint form

The Chaser Full general provides Consumer Alerts to inform the public of unfair, misleading, or deceptive business practices, and to provide data and guidance on other issues of business. Consumer Alerts are not legal communication, legal authorisation, or a bounden legal stance from the Department of Attorney General.

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Source: https://www.michigan.gov/ag/0,4534,7-359-81903_20942-252777--,00.html

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