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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 Dearborn Heights
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.
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 Dearborn Heights
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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