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:
- Purchases or leases less than 10 new vehicles a year.
- 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 Detroit
No Substantial Impairment
To understand if your problem is substantial, and to effectively prosecute your case, you have to employ an attorney who is an expert in the language of the Lemon Law who has dealt with this issue hundreds of times and will fight for your rights. In response to a "substantial impairment defense," Adam S. Alexander, Esq. has utilized creative legal strategies, expert testimony and other evidence to recover for his clients. Be advised that the vast majority of Lemon Law cases are settled quickly and efficiently with no trial or arbitration. However, on those rare occasions where the dispute cannot be settled, you certainly want an expert in your corner.
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 Detroit
You can stop a collector from contacting you by writing a letter to the collection agency telling them to stop. Once they receive your letter, they may not contact you again except to say there will be no further contact. The agency may notify you if the debt collector or the creditor intends to take some specific action.
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 don't know or understand there are laws to protect them against the harsh 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.
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