Wednesday, February 21, 2007

Michigan lemon law

It’s not the way you’d expect an article on the Michigan lemon law to begin, but we’re sorry you need to find information about it. Unless you’re just being careful, you probably think you’ve got a lemon on your hands. We hope that we’re writing here will help you get through this difficult, frustrating and unpleasant time.

To start, here are some basic facts about Michigan’s lemon law—

: it applies to all new and leased cars (this is a recent change, to our benefit)

: a car’s “problem” is now defined by the consumer, rather than the manufacturer (more good news for us)

: Michigan cars are covered for two years after the first lemon problem surfaces OR once the car’s been in the shop for 30 days or more

: the first problem must come up within 12 months of your buying the car

: if your car is a lemon, you can get a refund or a replace vehicle

: you must give your car’s manufacturer the opportunity to fix the problem (which they’ll usually do through your local dealership)

: document every problem you have with your car and every problem related to it. (The more details you have, the stronger your case will be.) Your documentation should include all your service records, the mileage and date of each incident, who you talk to at the dealership, manufacturer, etc., what they and you say, etc. The more records you have, the better

: before your car has been fixed for the fourth time, or it’s been out of service for its 30th day, contact the manufacturer and tell them you believe you’ve got a lemon on your hands.

There is more information about Michigan’s lemon law at http://www.michigan.gov/ag/0,1607,7-164-17278-47386--,00.html.

If you’ve done all of this but haven’t gotten any satisfaction, there are a couple of other laws that might help. These are federal laws: the Uniform Commercial Code and the Magnuson-Moss Warranty Act. You’re fast getting to the point where you’re going to need professional legal help; if neither of these laws help, successful lawsuits have been won using breach of contract or unfair marketing laws.

Our final word on the Michigan lemon law is to remind you to please keep the best records possible, use whatever arbitration programs are available to you and provide the right notice to the right people in the most timely manner. Fighting the lemon law is a maddening, frustrating experience to go through. Good luck.

Sunday, February 18, 2007

What is lemon law


What do I mean when I say “My car is under lemon?” It refers to the major defects in your car that deteriorates its usage, safety and value. In such a case, there are Lemon Laws to protect the consumers.

Now you must be wondering what a Lemon Law does. Lemon Laws are meant to obligate the seller or the manufacturer of the product to refund, repair or replace the defective product to the consumer. The Lemon Laws protect the purchaser of the defective new vehicle within its warranty period of the purchase. The Law is only applicable provided the consumer replaces the car within a specific given time limit. The manufacturer or the seller would provide the consumer with a new car or completely refund the full cost price.

There are certain key factors that need to be kept in mind to opt for a Lemon Law. These key factors are:

  1. The purchaser can’t complaint of minor issues which do not affect the usage and its safety such as funny noises, certain lights, etc. The consumer can not be protected under the lemon law in case there is anything in the car which the consumer does not prefer. These decisions should be made during the time of the purchase and the seller or manufacturer can not be blamed for it.
  2. The second factor is that the defect has to affect one of three or all the areas; safety, usage and value. If it’s a major defect then it has to affect any one of the three.
  3. Even if you have several defects during the warranty period, it does not mean your car is lemon. But a single serious problem can prove your car lemon if the manufacturer can not fix it in the first go.
  4. The manufacturer might take more than one chance to fix the problem.

In case the dealer refuses to repair or replace your vehicle, you are entitled to a legal Lemon Law help. When the dealer assures the buyer with a warranty during the purchase of the car, he is committed to provide all the after sales services. In case the manufacture doesn’t abide by the obligations, check with a trusted expert attorney. It is advised to possess all the required documents of the purchase of the car for further actions.