How does the lemon law process work in Michigan?
Michigan's lemon law process is enforced through court action following required notice and a final repair opportunity.
1. Governing Statute
MCL 257.1401-1410, the Michigan New Motor Vehicle Warranties Act ("Lemon Law"). Administered with consumer assistance from the Michigan Attorney General's Consumer Protection Division.
2. Coverage
Covers new motor vehicles purchased and registered in Michigan for personal, family, or household use, including passenger vehicles, pickups, and vans. Leased vehicles are covered. Used vehicles, motor homes' living facilities, motorcycles, and vehicles over 10,000 lbs GVWR are excluded. Business vehicles are included if they meet the personal-use threshold.
3. Lemon Presumption
Under MCL 257.1403, presumption applies if within the term of the express warranty or the first year from delivery, whichever is later: (a) the same defect has been subject to repair 4 or more times by the manufacturer or its authorized dealer, or (b) the vehicle has been out of service for repair 30+ days during the warranty period.
4. Notice to Manufacturer
The consumer must report each defect to the manufacturer or its dealer. After the third repair attempt or 25 days out of service, the consumer must give the manufacturer written notice by return-receipt mail. The manufacturer then has 5 business days to make a final repair attempt.
5. Manufacturer's Buy-Back / Replacement
At the consumer's option, manufacturer must replace the vehicle with a comparable new vehicle or refund the full purchase price including all collateral charges (taxes, license, registration), minus a reasonable allowance for use (MCL 257.1402).
6. Arbitration
If the manufacturer has a state-certified informal dispute settlement procedure, the consumer must use it before filing suit (MCL 257.1407). Most participate in BBB AUTO LINE. Decisions bind only the manufacturer.
7. Lawsuit & Fee-Shifting
A prevailing consumer recovers reasonable attorney's fees and costs (MCL 257.1408). Parallel claims under the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2310(d)) and Michigan Consumer Protection Act (MCL 445.901 et seq.) are commonly added.
This is legal information, not legal advice.
- Manufacturer ignored the 5-business-day final repair window
- Out-of-service days included weather/parts-delay disputes
- Leased vehicle with Michigan-domiciled lessor
- MCL 257.1401-1410 (New Motor Vehicle Warranties Act)
- MCL 445.901 (Michigan Consumer Protection Act)
- 15 U.S.C. § 2301 (Magnuson-Moss)
- 16 CFR Part 703
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.