Car accidents happen unexpectedly. It does not matter what age you are or how long you have been driving, when accidents happen they happen instantaneously. According to the National Highway Traffic Safety Administration, accidents usually happen in the involvement of the driver’s behavior and any of these three factors: road conditions, other drivers’ behavior and equipment failure. Road conditions and driver’s behavior were some of the things that you cannot prepare for. When snow storm hits you, no amount of precaution will change that, and so does other driver’s behavior. However, equipment failure may be prevented if only you regularly attend to your car. When car continues to experience the same defect over and over again then you might be driving a lemon.
What is a Lemon?
Lemon is a name used for cars that show substantial defect that impairs its value, safety or function. In general, if your car has been in and out of the garage for four times or more for the same defect within it warranty period then that clearly shows that your car is a lemon. Lemon law protects consumers against these vehicles. All states have varying statute that determines whether your vehicle is a lemon or not.
Identifying a lemon
Before you take action against the person or the company that sold you your vehicle, it is important to identify if you vehicle can be categorized as a lemon. If your vehicle’s paint is peeling or it makes funny noises but drives well, then your vehicle is not a lemon. If your car is moody or takes a long to start during cold winter days or hot summer afternoons, then your vehicle is a lemon. If the car chugs at low speed or your seat wobbles and the rear door opens, then you have a lemon. Now, before you take actions, you need to prove that the car has been repaired four times more or less depending on your state lemon law for the same issue within a couple of years under warranty.
Lemon Law in Michigan
In Michigan lemon applies to both new and leased cars. In some states leased cars are not covered in the lemon law. Now, the lemon law in Michigan does not cover used cars. So that means that even if your vehicle met the above mentioned description, you cannot sue the seller of the used vehicle under the lemon law rulings. But don’t worry there are several laws that cover used vehicle to help you get your money back or make the seller return your money back. Here are some of them:
- Magnuson-Moss Warranty Act
This is a federal law that protects consumers from car defects. This law also covers all kinds of products including your washing machine, refrigerator, toaster and what not. The law states that all product manufacturers abide by their warranty and service contracts.
- FTC Used Car Rule
FTC requires dealers and sellers to post their buying guide for all vehicles sold in the state of Michigan. Now, the buying guide must be a part of your sales contract and overrules the conflicting provisions that are written in your contract.
- Warranty of Merchantability
This warranty says that your vehicle will run like it is supposed to. Most merchants do not cover all parts of the vehicles but it clearly applies to the basic function of the vehicle and that is to run. Under the warranty the buyer must prove that the vehicle defect was present at time of the purchase.
- New Car lemon Laws in Michigan
Under this law, if the used car your purchased is new or a recent model and it meet the time and the mileage requirement of a new vehicle, then you may use the lemon law in Michigan to sue.