Looking For An Experienced Foreclosure Attorney in Dearborn?
Lemon Laws are state guidelines that protect buyers of cars and other consumer goods from products that do not meet quality or performance standards, often called a "lemon." If you've recently purchased a defective car, motorcycle, truck, or SUV you may be entitled to compensation.
Consumers covered under Lemon Law are individuals who have:
- Purchased or leased a new vehicle for personal, family or household use and not for the purpose of selling.
- Entitlement to enforce the requirements of an express warranty pursuant to the terms of that warranty.
So your vehicle has been out of service 4 times for the same problem. Or it has been out of service for 30 cumulative days. It's a Lemon, right? You should be able to show the manufacturer your repair invoices and get your vehicle repurchased or replaced immediately. Case closed.
The Different Categories Of Lemon Law in Dearborn
Owner Abuse/Lack Of Maintenance
Another tactic is the owner abuse theory. The manufacturer will claim that you didn't properly maintain your vehicle, drove your vehicle incorrectly, or added after market items which were the root cause of the defect. This tactic is most common in high performance vehicles or vehicles with after market components or parts such as stereo equipment, (electrical problems), components added to boost power, (transmission and engine defects), or after market tires, (pulling or vibration). However, any engine or transmission defect is a candidate for a lack of maintenance defense. Of course, you should keep your vehicle properly maintained with a documented history of timely oil changes and other maintenance. Also, consult with your dealer to be sure your after market equipment will not void your warranty or cause problems with your vehicle. Hiring a professional who is an authority on such tactics will dramatically increase your odds in a case where owner abuse is alleged.
Time Limitations
The time requirements under Michigan Lemon Law are tricky and require expert evaluation. For example, Michigan's Lemon Law tells us that if your vehicle is out of service for a total of 30 or more days or parts of days within one year from the date of delivery, there is a presumption that your vehicle is a Lemon. This definition leads to several difficulties in interpretation. For example, can you include weekends as days out of service, or does this mean just business days? Do holidays count in the 30 day period? What are parts of days?
Business Purposes
The Lemon Law says that a consumer is "A person who purchases or leases a new motor vehicle for personal, family, or household use, {(MCL 257.1401(a)(I)}. Manufacturers will sometimes argue that you are not entitled to use the Lemon Law if:
You use your vehicle for business. For example if there is a logo on your truck or mini van or if you use your vehicle in connection with construction, hauling, transporting, etc. (Simply using your vehicle to drive to and from work does NOT mean your vehicle is used for business purposes).
Foreclosure & Identity Theft Lawyer Services in Dearborn
A debt collector may not contact anyone else about your debt, except to find out where you live and work except they may contact your lawyer, if you have one. Generally, the collector cannot disclose to anyone that you owe money.
A debt collector must identify himself/herself as a debt collector and must provide you with a statement that he/she is calling to collect a debt Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.
Many consumers in Detroit do not understand that there are laws to protect them against debt collectors and creditors. These laws are intended to protect consumers from collection agencies that violate the law and creditors who wrongfully blemish their credit reports.