Key takeaways
- Protection period: defect must first be reported within the term of the manufacturer's express warranty or 1 year from delivery to the original consumer, whichever is earlier.
- Repair attempts: same defect or condition that substantially impairs use or value subject to repair 4 or more times within 2 years of the first repair attempt and it continues to exist.
- Days out of service: out of service for repairs a total of 30 or more days or parts of days during the express warranty term or 1 year from delivery, whichever is earlier (not specified as business days).
- The law is Mich. Comp. Laws §§ 257.1401 to 257.1410. Read it with your repair orders and your warranty in front of you.
On this page
Michigan's lemon law is Mich. Comp. Laws §§ 257.1401 to 257.1410, the Michigan Lemon Law (New Motor Vehicle Warranties, 1986 PA 87). It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
Michigan lemon law at a glance
| Statute | Mich. Comp. Laws §§ 257.1401 to 257.1410 |
|---|---|
| Official name | Michigan Lemon Law (New Motor Vehicle Warranties, 1986 PA 87) |
| Vehicles covered | Passenger vehicles and sport utility vehicles, including pickup trucks and vans, purchased or leased in Michigan or by a Michigan resident. Excludes motor homes, buses, trucks other than pickups or vans, and vehicles with fewer than 4 wheels. Businesses buying or leasing 10 or more vehicles a year are covered only for personal, family, or household use vehicles. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | Defect must first be reported within the term of the manufacturer's express warranty or 1 year from delivery to the original consumer, whichever is earlier. |
| Repair attempts | Same defect or condition that substantially impairs use or value subject to repair 4 or more times within 2 years of the first repair attempt and it continues to exist. |
| Days out of service | Out of service for repairs a total of 30 or more days or parts of days during the express warranty term or 1 year from delivery, whichever is earlier (not specified as business days). |
| Notice to the manufacturer | Before seeking a remedy, the consumer must send written notice by return receipt service to the manufacturer: any time after the 3rd repair attempt, or after the vehicle has been out of service at least 25 days. The manufacturer then has 5 business days after delivery to its designated repair facility to repair. |
| Dispute programs | If the manufacturer has or participates in an informal dispute settlement procedure meeting 16 C.F.R. Part 703 and the act's requirements, the consumer must first use it; the consumer is not bound by the decision. No state-run arbitration program in the act. |
| Remedies | Purchased vehicles: comparable replacement acceptable to the consumer or refund of the purchase price (consumer may demand a refund). Leased vehicles: refund of the lease price paid (replacement only if the consumer agrees). Less a use allowance = price x miles before first report of the defect / 100,000, plus miles beyond 25,000, and less appraised damage; plus towing and rental costs. |
| Attorney's fees | Yes. A prevailing consumer may be allowed costs and expenses, including attorneys' fees based on actual time expended, unless the court finds such an award inappropriate (MCL 257.1407). |
| Used vehicles | No separate used-car lemon law. The act defines a 'new motor vehicle' as one covered by a manufacturer's express warranty at the time of purchase or lease, and use by 'any previous consumer' is counted in the use offset. |
Does your vehicle qualify in Michigan?
The law covers passenger vehicles and sport utility vehicles, including pickup trucks and vans, purchased or leased in Michigan or by a Michigan resident. Excludes motor homes, buses, trucks other than pickups or vans, and vehicles with fewer than 4 wheels. Businesses buying or leasing 10 or more vehicles a year are covered only for personal, family, or household use vehicles. The protection period is defect must first be reported within the term of the manufacturer's express warranty or 1 year from delivery to the original consumer, whichever is earlier. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: Same defect or condition that substantially impairs use or value subject to repair 4 or more times within 2 years of the first repair attempt and it continues to exist.
- Days out of service: Out of service for repairs a total of 30 or more days or parts of days during the express warranty term or 1 year from delivery, whichever is earlier (not specified as business days).
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
Before seeking a remedy, the consumer must send written notice by return receipt service to the manufacturer: any time after the 3rd repair attempt, or after the vehicle has been out of service at least 25 days. The manufacturer then has 5 business days after delivery to its designated repair facility to repair.
If the manufacturer has or participates in an informal dispute settlement procedure meeting 16 C.F.R. Part 703 and the act's requirements, the consumer must first use it; the consumer is not bound by the decision. No state-run arbitration program in the act.
State resource: Michigan Department of Attorney General, Consumer Protection.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
Purchased vehicles: comparable replacement acceptable to the consumer or refund of the purchase price (consumer may demand a refund). Leased vehicles: refund of the lease price paid (replacement only if the consumer agrees). Less a use allowance = price x miles before first report of the defect / 100,000, plus miles beyond 25,000, and less appraised damage; plus towing and rental costs. Yes. A prevailing consumer may be allowed costs and expenses, including attorneys' fees based on actual time expended, unless the court finds such an award inappropriate (MCL 257.1407). Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Michigan's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your Michigan vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in Michigan?
Under Mich. Comp. Laws §§ 257.1401 to 257.1410, the presumption is met when same defect or condition that substantially impairs use or value subject to repair 4 or more times within 2 years of the first repair attempt and it continues to exist. The law also counts time in the shop: out of service for repairs a total of 30 or more days or parts of days during the express warranty term or 1 year from delivery, whichever is earlier (not specified as business days).
Does the Michigan lemon law cover used cars?
No separate used-car lemon law. The act defines a 'new motor vehicle' as one covered by a manufacturer's express warranty at the time of purchase or lease, and use by 'any previous consumer' is counted in the use offset. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the Michigan lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in Michigan?
Before seeking a remedy, the consumer must send written notice by return receipt service to the manufacturer: any time after the 3rd repair attempt, or after the vehicle has been out of service at least 25 days. The manufacturer then has 5 business days after delivery to its designated repair facility to repair. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in Michigan?
If the manufacturer has or participates in an informal dispute settlement procedure meeting 16 C.F.R. Part 703 and the act's requirements, the consumer must first use it; the consumer is not bound by the decision. No state-run arbitration program in the act.
Can I recover attorney's fees under the Michigan lemon law?
Yes. A prevailing consumer may be allowed costs and expenses, including attorneys' fees based on actual time expended, unless the court finds such an award inappropriate (MCL 257.1407). We explain exactly how fees work in your case before you sign anything.