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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.
- 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 Livonia
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).
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 Livonia
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 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.