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 Detroit
No Substantial Impairment
Probably the most common manufacturer tactic used to prevent you from recovering what you deserve is to argue that there is no substantial impairment. In other words, they might say the problem(s) with your vehicle are not serious enough for you to recover under the law. What problems ARE serious? For example, are squeaky brakes a substantial impairment? What if your vehicle is pulling to the left or right? What about oil leaks, water leaks, engine noise, transmission noise, a bad smell, vibration, engine warning light on, electrical problems? The Lemon Law says that a defect or condition must exist that substantially impairs the use or value of the new motor vehicle to the consumer and has been subject to a reasonable number of repairs. {(MCL 257.1403(5)(a)}. The Lemon Law also indicates that a defect or condition which prevents the new motor vehicle from conforming to the manufacturer's express warranty if not repaired would allow a consumer to recover damages. (MCL 257.1402).
Not The Same Problem
Additionally, with respect to the 30 days out of service requirement, recent law mandates that the 30 days out of service has to be for the same defect or condition. For example if your vehicle was out of service for severe vibration for 23 days within the first year AND your vehicle was out of service for 21 days for a stalling problem, presumably you would NOT qualify under the Michigan Lemon Law. The total is not 44 days under the previous example. The law requires 30 days for either the vibration or the stalling, (or any other defect or condition which substantially impairs the use or value of the new motor vehicle to the consumer).
Failure To Provide Written Notification
This is a technical requirement under Michigan's Lemon Law, but judge's HAVE thrown out Lemon Law cases where this notification was not provided. MCL 257.1403(5)(a)&(b) require written notification from the consumer or his/her representative allowing the manufacturer a final opportunity to cure the defect or condition. How and when this letter is drafted is of critical import to your case. THE ALEXANDER LAW FIRM WILL DRAFT AND MAIL YOUR WRITTEN NOTIFICATION TO THE MANUFACTURER BY CERTIFIED, RETURN RECEIPT MAILING AT NO CHARGE TO YOU. Don't let this minor requirement nullify your chance to recover. Let me handle all the details so that it is done timely and properly. CAUTION! Do not assume that you don't have a case if one of these tactics appears to apply to you. If you feel like you may be subject to one of these manufacturer defenses contact me for a free Lemon Law consultation. It is crucial to let an expert know about your situation immediately. It is imperative to attack these defenses in a timely manner.
Foreclosure & Identity Theft Lawyer Services in Detroit
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 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.
When you need identity theft lawyer services in Detroit, contact us to see how we can help! Schedule your FREE initial consultation and get the attention you deserve.