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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:
- 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.
In reality, sometimes it's not so easy. Auto manufacturers may use some tricks to frustrate you and prevent you from getting that repurchase or replacement. Common manufacturer defenses can generally be lumped into 6 categories.
The Different Categories Of Lemon Law in Hamtramck
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).
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 Attorney Services in Hamtramck
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 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 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.