STATE OF MICHIGAN
IN THE [__] CIRCUIT COURT FOR THE COUNTY OF [____]

[PLAINTIFF NAME],
an individual resident of Michigan,
Case No.: [_]
Plaintiff, Hon. [_]

v. VERIFIED COMPLAINT
AND DEMAND FOR JURY TRIAL
[DEFENDANT MANUFACTURER NAME],
a [STATE OF INCORPORATION] corporation, (Michigan “Lemon Law” –
MCL 257.1401 et seq.)
Defendant.

TABLE OF CONTENTS
I. DOCUMENT HEADER (Caption, Recitals, Jurisdiction & Venue) ............. 2
II. DEFINITIONS ............................................................ 4
III. OPERATIVE PROVISIONS (Factual Allegations) ............................. 5
IV. REPRESENTATIONS & WARRANTIES (Statutory Warranties Alleged) ............ 7
V. COVENANTS & RESTRICTIONS (Manufacturer Obligations) .................... 8
VI. DEFAULT & REMEDIES (Events, Notice, Prayer for Relief) ................. 9
VII. RISK ALLOCATION (Liability Cap & Related Matters) ......................10
VIII. DISPUTE RESOLUTION (Arbitration Pre-Condition, Jury Demand) ............11
IX. GENERAL PROVISIONS (Reservation of Rights, Severability, etc.) .........12
X. EXECUTION BLOCK (Verification, Signature, Certificate of Service) ......13

I. DOCUMENT HEADER

A. Caption
(See page 1 above.)

B. Recitals
1. THIS VERIFIED COMPLAINT is filed by Plaintiff, [PLAINTIFF NAME] (“Plaintiff”), against Defendant,
[DEFENDANT MANUFACTURER NAME] (“Defendant” or “Manufacturer”), to obtain the statutory remedies
provided under Michigan’s New Motor Vehicle Warranties Act, MCL 257.1401 et seq. (“Michigan Lemon Law”),
and related relief.
2. Plaintiff purchased or leased a new [YEAR/MAKE/MODEL] vehicle, Vehicle Identification Number
[VIN] (the “Vehicle”), on or about [DATE] from [DEALER NAME] in [CITY], Michigan.
3. The Vehicle is covered by Defendant’s express written warranty and qualifies as a “new motor vehicle”
under MCL 257.1401(b).
4. After a reasonable number of repair attempts, the Vehicle remains non-conforming to the warranty.

C. Jurisdiction & Venue
1. This Court has subject-matter jurisdiction pursuant to MCL 257.1407(1) and MCL 600.605.
2. Venue is proper in this County under MCL 600.1621(a) because Defendant conducts business and the
transaction occurred here.

[// GUIDANCE: If filing in district court (≤ $25,000) or seeking equitable relief only, revise jurisdictional
statement accordingly. Delete any recital that does not apply to your fact pattern.]

II. DEFINITIONS

The following terms, when capitalized, have the meanings set forth below and apply throughout this Complaint.

“Act” or “Michigan Lemon Law” – The New Motor Vehicle Warranties Act, MCL 257.1401 et seq.

“Arbitration Program” – A manufacturer-sponsored informal dispute settlement mechanism that complies with 16 C.F.R. §703 and is approved under MCL 257.1405.

“Defect” – The nonconformity or condition that substantially impairs the use or value of the Vehicle.

“Delivery Date” – The date Plaintiff first took delivery, [DATE].

“Repair Attempt(s)” – Each instance in which the Vehicle was presented to an authorized dealer for correction of a Defect.

“Reasonable Number of Attempts” – (i) 4 or more Repair Attempts within 2 years/24,000 miles, or
(ii) 30 or more cumulative days out of service within the same period. See MCL 257.1403(5).

“Replacement” – A new vehicle of comparable value provided under MCL 257.1403(1)(a).

III. OPERATIVE PROVISIONS (FACTUAL ALLEGATIONS)

A. Purchase & Warranty
1. Plaintiff purchased the Vehicle for $[PRICE] plus taxes and fees.
2. Defendant issued a comprehensive 3-year/36,000-mile bumper-to-bumper warranty (the “Warranty”).

B. Defect Manifestation and Repair History
1. Beginning on or about [DATE], Plaintiff experienced [DESCRIPTION OF DEFECT – e.g., engine stalling].
2. Plaintiff presented the Vehicle for Warranty service on at least [#] occasions (see Repair History below):

• Date: [DATE] / Mileage: [_] / Work Performed: [_]
• Date: [DATE] / Mileage: [_] / Work Performed: [_]
• Date: [DATE] / Mileage: [_] / Work Performed: [_]
• Date: [DATE] / Mileage: [_] / Work Performed: [_]

3. The Vehicle has been out of service for Warranty repairs a cumulative total of [___] days.

C. Compliance with Arbitration Pre-Condition
1. On [DATE], Plaintiff submitted a claim to Defendant’s certified Arbitration Program, case no. [_____].
2. On [DATE], the program rendered its decision, which did not resolve the Defect.
3. More than 30 days have elapsed since the decision without satisfactory performance by Defendant,
satisfying the statutory prerequisite in MCL 257.1405(4).

[// GUIDANCE: If no certified Arbitration Program exists, allege non-existence and eliminate ¶C.1-C.3.]

D. Notice of Nonconformity
1. Pursuant to MCL 257.1403(1), Plaintiff mailed written notice of the Defect to Defendant on [DATE].
2. Defendant failed to cure the Defect within the additional opportunity period allowed by statute.

IV. REPRESENTATIONS & WARRANTIES

A. Express Warranties
1. Defendant expressly warranted that the Vehicle would be free from defects in material and workmanship
during the Warranty period.
B. Statutory Warranties
1. Under MCL 257.1402, Defendant warranted that the Vehicle would conform to all applicable express
warranties.
C. Breach
1. Defendant breached the above warranties by failing to repair or replace the Vehicle after a
Reasonable Number of Attempts.

V. COVENANTS & RESTRICTIONS

A. Manufacturer Obligations Under Lemon Law
1. Upon breach, Defendant was obligated to, at Plaintiff’s option:
a. Replace the Vehicle with a comparable new vehicle; or
b. Refund the full purchase price, less a reasonable use allowance. See MCL 257.1403(1).
B. Ongoing Duty to Repair
1. Defendant covenanted, through its Warranty booklet, to correct any covered Defect occurring within the
Warranty period.

VI. DEFAULT & REMEDIES

A. Events of Default
1. Defendant’s failure to replace or refund constitutes an “event of default” under the Act.

B. Notice and Cure
1. Plaintiff provided statutory notice; Defendant failed to cure within the allowed timeframe.

C. Prayer for Relief
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment:
a. Ordering Defendant to REPLACE the Vehicle with a new, comparable vehicle OR, at Plaintiff’s election,
REFUND the full purchase price of $[PRICE] plus associated taxes, fees, and finance charges;
b. Awarding reasonable attorney fees, expert fees, and costs as authorized by MCL 257.1407(2);
c. Awarding incidental and consequential damages permitted by law;
d. Granting such other and further relief, including equitable and injunctive relief, as this Court deems
just and proper.

VII. RISK ALLOCATION

A. Liability Cap
1. Plaintiff does not seek damages in excess of the Vehicle’s purchase price, consistent with the Act’s
buy-back formula (vehicle value cap).

B. Indemnification
1. No indemnification claims are asserted.

C. Force Majeure
1. Defendant may not assert force-majeure defenses because Warranty obligations are absolute.

VIII. DISPUTE RESOLUTION

A. Governing Law
1. Michigan law, including the Act, governs this dispute.

B. Forum Selection
1. State court jurisdiction is invoked; federal jurisdiction is not pleaded.

C. Arbitration
1. Plaintiff has satisfied (or was excused from) the mandatory informal dispute settlement procedure
required by MCL 257.1405 and 16 C.F.R. §703.

D. Jury Demand
1. Pursuant to Mich. Const. 1963, art. 1, §14 and MCR 2.508, Plaintiff hereby DEMANDS TRIAL BY JURY on
all issues so triable.

E. Injunctive Relief Preservation
1. Nothing herein shall bar Plaintiff from seeking immediate injunctive relief to protect safety or
preserve evidence.

IX. GENERAL PROVISIONS

A. Amendment and Waiver
1. Plaintiff reserves the right to amend this Complaint as justice requires.

B. Severability
1. If any provision is held invalid, the remainder shall be enforced to the fullest extent permitted.

C. Integration
1. This pleading supersedes prior written or oral assertions related to the claims herein.

D. Reservation of Rights
1. All rights and remedies, at law or equity, are expressly reserved.

X. EXECUTION BLOCK

Verified this ___ day of ____, 20__.

____ ____
[PLAINTIFF NAME] [ATTORNEY NAME] (P[__])
Plaintiff Attorney for Plaintiff
Address: [_] Firm: [__]
Address: [_]
Phone: [__]
Email: [_____]

VERIFICATION
I, [PLAINTIFF NAME], declare under penalty of perjury that the foregoing statements are true and correct
to the best of my knowledge, information, and belief.

[PLAINTIFF NAME]

CERTIFICATE OF SERVICE
I certify that on [DATE], I served a copy of this Verified Complaint upon Defendant by [METHOD] addressed to
[DEFENDANT/REGISTERED AGENT ADDRESS].

[ATTORNEY NAME]

[// GUIDANCE:
1. Attach (a) purchase agreement, (b) warranty booklet, (c) repair orders, and (d) arbitration decision
as Exhibits A–D and reference them in ¶III.B.
2. If pleading additional causes of action—e.g., Magnuson–Moss Warranty Act (15 U.S.C. §§2301-2312) or
Michigan Consumer Protection Act (MCL 445.901 et seq.)—add separate Counts under Section IV and adjust
the Prayer for Relief.
3. Verify compliance with any pre-suit notice required by financing agreements.
4. Check county-specific pleading format (font, margins, cover sheet) before filing.
]