MI Lemon Law FAQ
Answers to Frequently Asked Questions
A number of Michigan drivers come to us with excellent questions about this state's Lemon Law. In response, we've put together this FAQ to answer the most commonly heard questions on the 1-800-LEMON-LAW Hotline.
- How does the Michigan Lemon Law work?
- Does a problem always need to occur four times to be considered a lemon?
- What happens if I fall outside the 12 months/warranty period before my first problem exists? Does this mean I do not have a claim?
- How does this law offer cost-free representation?
- Are leased cars covered under the MI Lemon Law?
- Are motorcycles covered under the MI Lemon Law?
- I have had my car for only a few days and am already having problems with it. Can I just return it to the dealership?
- Are used cars covered under this Lemon Law?
- I have so many more questions about the Michigan Lemon Law. Who can I ask?
How does the Michigan Lemon Law work?
Michigan's Lemon Law covers drivers whose vehicles suffer a non-conformity or defect within the first year or express warranty period, whichever comes first, that can't be repaired after repeated attempts (normally four) by the manufacturer's authorized dealership.
Does a problem always need to occur four times to be considered a lemon?
Not necessarily. If your car is in the shop 30 days or more in the first 12 months or in the express warranty period (whichever comes first), consecutive or not, we can file a claim under the Law.
What happens if I fall outside the 12 months/warranty period before my first problem exists? Does this mean I do not have a claim?
No. If you are having continuous problems and your car is under a manufacturer's warranty, we can still help under the Federal Magnuson–Moss Warranty Act. Please let us know about your repairs and we will have someone from our firm contact you and explain your rights. The representation is still completely cost-free.
How does the law offer cost-free representation?
The Michigan Lemon Law contains a fee-shifting provision which means that if the consumer prevails, the manufacturer must pay all attorney fees and legal costs on top of what you receive. If you submit a claim to Kimmel & Silverman and we accept your case, you will not pay anything out of pocket, win or lose.
The fee-shifting provision gives you equal footing when battling against a multi-billion dollar automobile manufacturer.
Are leased cars covered under the MI Lemon Law?
Yes, cars that are purchased and leased are both covered.
Are motorcycles covered under the MI Lemon Law?
No. Motorcycles are not covered under this Lemon Law.
I have had my car for only a few days and already I am having problems with it. Can I just return it to the dealership?
No. Problems can occur immediately, but if you are interested in opening a Michigan Lemon Law claim, you must follow proper procedures.
That means making an appointment to have your car examined/repaired and securing a repair invoice when you pick up your car. Make sure the invoice properly outlines all of the problems you disclosed to the service manager.
We also suggest you keep a personal log of your repair visits and hang on to these invoices. This does not mean that we can't help you if you don't have the invoices (we can subpoena them if necessary) but it does make your case move along smoother.
Never leave your car and keys at the dealer, claiming you don't want it any more. It could be seen as a voluntary repossession, which could have a negative impact on your credit. Instead, contact a consumer lawyer, be it us or someone else.
Are used cars covered under this Lemon Law?
Used cars are not covered. However, as mentioned earlier, the Magnuson–Moss Warranty Act, which provides the same cost-free representation as the MI Lemon Law, protects consumers with used cars who have repeated problems under an original or extended manufacturers warranty.