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Michigan Lemon Law: Do You Qualify?

Under the Mich. Comp. Laws §§ 257.1401-257.1410 (Michigan Lemon Law).

The Michigan Lemon Law covers a passenger vehicle, sport utility vehicle, pickup truck or van purchased or leased in Michigan, or by a Michigan resident, that was covered by a manufacturer's express warranty when bought or leased. It does not cover motor homes, buses, other trucks or vehicles with fewer than 4 wheels. The period is about time, not miles: the consumer must have initially reported the defect within the earlier of the term of the express warranty or 1 year from delivery to the original consumer. If the defect continues to exist after a reasonable number of repairs, the manufacturer must within 30 days replace the vehicle or refund the purchase price. The Act presumes a reasonable number of repairs after 4 repairs of the same defect within 2 years of the first attempt, or 30 days or parts of days out of service. Before claiming the remedy the consumer must give the manufacturer written notice by return receipt service. If your vehicle keeps failing the same way, you may qualify; the free checker below applies Michigan's rules to your answers.

Michigan lemon law at a glance

Coverage window
The window is for reporting the defect: the consumer must have "initially reported the defect or condition" to the manufacturer or a new motor vehicle dealer within the earlier of the term the express warranty is in effect or "1 year from the date of delivery of the new motor vehicle to the original consumer" (MCL 257.1402). The Act sets no mileage limit; the 25,000-mile figure appears only in the use-allowance formula. The period is extended by the time repair services were not available because of war, invasion, strike, fire, flood, or other natural disaster (MCL 257.1403(7)).
Repair attempts
4 or more repairs of the same defect or condition "that substantially impairs the use or value" of the vehicle, by the manufacturer or a new motor vehicle dealer, "within 2 years of the date of the first attempt to repair", and the defect continues to exist. Repairs made after the warranty expires count (MCL 257.1403(5)(a), (6)).
Days out of service
30 or more days or parts of days out of service because of repairs during the term of the express warranty, or within 1 year from delivery to the original consumer, whichever is earlier. The text does not require the same defect (MCL 257.1403(5)(b)).
The defect must still exist
The manufacturer's duty arises if the reported defect "continues to exist" and the vehicle has had a reasonable number of repairs. The Court of Appeals held that "there must be a showing that a reported condition under MCL 257.1402 continues to exist before a remedy may be obtained" (MCL 257.1403(1); Computer Network v. AM General, 265 Mich App 309 (2005)).
Written notice
Before availing of a remedy, the consumer must give the manufacturer written notice "by return receipt service": any time after the third repair attempt of the same defect, or after the vehicle has been out of service at least 25 days. The manufacturer names a reasonably accessible repair facility and has 5 business days after delivery of the vehicle there to repair it (MCL 257.1403(5)).
Informal dispute procedure
If the manufacturer has an informal dispute settlement procedure that meets MCL 257.1405 (including compliance with 16 C.F.R. Part 703), the Act "shall not apply to any consumer who has not first resorted to such procedure".
Used vehicles
A used vehicle is covered only if it "is covered by a manufacturer's express warranty at the time of purchase or lease" (MCL 257.1401(g)); the Attorney General says the Act generally does not apply to used vehicles. The reporting period still runs from delivery to the original consumer.
Lessees
A "consumer" includes a person who "purchases or leases" a new motor vehicle. A lessee has "the right to a refund of the lease price paid by the consumer" or may agree to a comparable replacement. A lessor may not charge an early-termination fee and is notified of the refund (MCL 257.1403(1)(b), (4)).
Exclusions
The Act does not apply to a defect that results from "A modification not installed or made by or for the manufacturer" or from "Abuse or neglect" or "damage due to an accident that occurred after" purchase or lease (MCL 257.1406). Rights under the Act "may not be waived" (MCL 257.1407(1)).

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Michigan lemon law: frequently asked questions

Is there a mileage limit on the Michigan lemon law?
The Act sets none on the reporting period: the defect must have been initially reported within the earlier of the express warranty term or 1 year from delivery to the original consumer (MCL 257.1402). The 25,000-mile figure belongs to the use-allowance formula in MCL 257.1403(2).
How many repair attempts does Michigan require?
The Act presumes a reasonable number of attempts after 4 or more repairs of the same defect within 2 years of the first attempt, if the defect continues to exist, or after 30 or more days or parts of days out of service within the warranty term or the first year, whichever is earlier (MCL 257.1403(5)). The Act does not otherwise define a "reasonable number of repairs".
Does the Michigan lemon law cover used cars?
Only a vehicle that "is covered by a manufacturer's express warranty at the time of purchase or lease" is a "new motor vehicle" (MCL 257.1401(g)). The Attorney General says the Act generally does not apply to used vehicles but does apply to one still covered when bought, if the problem was reported within the earlier of the warranty term or one year from delivery to the original buyer.
What can I recover under the Michigan lemon law?
A comparable replacement vehicle or a refund of the purchase price, which you have the right to demand, with options and the manufacturer's charges added and an allowance for use and appraised damage not due to normal use or the defect subtracted; towing and rental costs not provided free are reimbursed (MCL 257.1403(1)-(2)). A consumer who prevails in an action may be allowed costs and attorney fees (MCL 257.1407(2)). The Act has no multiplied damages.
How long do I have to file in Michigan?
The Act has no limitation period of its own. An action for breach of a contract for sale must be commenced within 4 years after the cause of action accrues (MCL 440.2725), and "All other personal actions" within 6 years after the claims accrue (MCL 600.5813); the sources we hold do not say which governs an action under the Act. The 1-year figure is the reporting period for the defect, not a deadline to sue.

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Statutes cited on this page

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.

Lemon law guides for other states

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