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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.
- Purchases or leases 10 or more new vehicles a year only if the vehicles are purchased or leased for personal, family or household use.
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 Ferndale
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).
Time Limitations
There are countless other ambiguities in the law. Another example is the 4 times out of service provision of the Lemon Law. Does this mean 4 times within the first two years? What if the fourth time occurs over two years after the first repair? What if your vehicle is subject to 4 repairs within the first year and then the dealer fixes it on the 5th attempt?
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 write off your vehicle for tax purposes or purchase your vehicle in the name of your business. There are several legal strategies to fight these allegations and still allow you to recover. Not every attorney knows how to defeat this argument. You need an experienced attorney who understands how to confront and counter the business purpose defense and get you the remedy you desire.
Foreclosure & Identity Theft Lawyer Services in Ferndale
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 collector may not contact you if, within 30 days after you are first contacted, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.
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.