Michigan’s lemon law was revised in 1999, and covers most new vehicles for twelve months from the date the vehicle is delivered to the consumer.

The statute provides coverage for newly purchased cars as well as newly purchased or leased cars or light trucks. Motorcycles, motor homes, heavy trucks and off-road vehicles are not covered.

The law classifies a vehicle as a lemon if it has a defect or nonconformity which substantially impairs the safety use or value of the vehicle and meets one of the following requirements:

• The new motor vehicle has been subject to unsuccessful attempts to repair it for a total of 4 or more times within 2 years of the date of the first attempt to repair the defect or condition.
• The new motor vehicle is out of service because of repairs for a total of 30 or more days during the manufacturer’s warranty period or the first year, whichever is earlier.

The law measures the defect or condition from the point of view of the consumer, rather than the manufacturer, which makes this law quite consumer-friendly. Obviously, there are some standards as to what will be considered a nonconformity. A clock that doesn’t keep good time (we have one of those in our Dodge) does not count. The initial repair must be done during the first year of ownership; subsequent repairs must be done during a two year period following the initial repair attempt.

Arbitration is an option , but the results of the arbitration hearing are not binding, and the owner does have the right to sue should the results favor the manufacturer. Many states require that the owner submit to arbitration if the manufacturer offers that option within their state. In this scenario, the hearing would be conducted before an ostensibly neutral third party who will look at the evidence presented by each side and rule in favor of one party of the other. In practice, the arbitrators aren’t always neutral; they have a tendency to rule more for the manufacturer than the plaintiff. After all, the manufacturer is the one paying the arbitrator. Michigan appears to leave arbitration as an option for the owner, who may sue immediately if he or she wishes. If the owner wishes to do that, he or she would be well advised to hire a competent attorney.

If a vehicle does not qualify under the state’s lemon law, the consumer may have other recourse. Consumers may also pursue claims under the Michigan Consumer Protection Act, Michigan Uniform Commercial Code, Federal Magnuson-Moss Warranty Act, and other contract remedies. For more information, consumers may contact the Attorney General’s Consumer Protection Division. Between all of these various laws, someone with a truly defective vehicle should have no trouble obtaining relief of some sort. As always, if you have any doubts, you should consider consulting with an experienced attorney.

If you are suffering problems with your automobile, SUV or minivan, you may discover that you need a lawyer. LegalMatch can help find an experienced attorney for you in your area. Confidentiality is assured, all attorneys are licensed, and the service costs you nothing.

You may follow this link for the full text of the Michigan Lemon Law.