A New Car That Keeps Failing
MCL 257.1402 and 257.1403 — the lemon law: 4 repairs or 30 days, then a refund or a replacement
The act covers a new passenger vehicle, sport utility vehicle, pickup truck or van bought or leased in Michigan, or by a Michigan resident, and covered by the manufacturer's express warranty at the time. It does not cover a motor home, a bus, other trucks, or a vehicle designed to travel on fewer than 4 wheels.
If the vehicle has a defect or condition that impairs its use or value, or keeps it from conforming to the warranty, the manufacturer or a dealer has to repair it, as long as the consumer first reported it during the warranty or within 1 year after delivery to the original consumer, whichever ends earlier.
| A reasonable number of repairs is presumed when | Before the remedy, written notice to the manufacturer by return receipt |
|---|---|
| A reasonable number of repairs is presumed whenThe same defect, substantially impairing use or value, has been in for repair 4 or more times within 2 years of the first attempt, and it continues. | Before the remedy, written notice to the manufacturer by return receiptAny time after the third attempt. The manufacturer names a repair facility, and has 5 business days once the vehicle is delivered there. |
| A reasonable number of repairs is presumed whenThe vehicle has been out of service for repairs 30 or more days or parts of days, within the warranty or 1 year from delivery, whichever is earlier. | Before the remedy, written notice to the manufacturer by return receiptAfter at least 25 days out of service. The manufacturer then has 5 business days at the facility it names. |
When the defect continues after a reasonable number of repairs, the manufacturer has 30 days to replace a purchased vehicle with a comparable one acceptable to the consumer, or to take it back and refund the purchase price, and the consumer has the right to demand the refund. A lessee has the right to a refund of the lease price paid. The refund subtracts a reasonable allowance for use, counted on the miles before the defect was first reported plus miles beyond 25,000, over 100,000 miles, and adds towing and rental costs the manufacturer did not already cover.
Where a manufacturer runs an informal dispute settlement procedure that meets the federal rules, the act does not apply to a consumer who has not first used it. The consumer is not bound by its decision and can still pursue the act's remedies, and the manufacturer is bound by a decision the consumer accepts.
The act does not cover a defect caused by a modification not made by or for the manufacturer, or by abuse, neglect, or an accident after the purchase or lease. Its rights cannot be waived, and a consumer who prevails may be awarded costs and attorney fees.
The act does not limit any other remedy for a breach of the manufacturer's express warranty or an implied warranty on a new vehicle.
Sources for this section (7)
- MCL 257.1401 — New motor vehicle warranties; definitions
- MCL 257.1402 — Reporting and repairing a defect in a new motor vehicle
- MCL 257.1403 — Replacement or refund, and a reasonable number of repairs
- MCL 257.1405 — Informal dispute settlement procedures
- MCL 257.1406 — Defects the act does not cover
- MCL 257.1407 — No waiver, and costs and attorney fees
- MCL 257.1404 — Other remedies not limited
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.