LEMON LAW DEMAND LETTER

STATE OF MICHIGAN

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY - SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[DATE]

[MANUFACTURER NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]

Re: MICHIGAN LEMON LAW DEMAND - STATUTORY NOTICE
Consumer/Owner: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [VEHICLE IDENTIFICATION NUMBER]
Purchase/Lease Date: [DATE]
Current Mileage: [MILEAGE]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with the purchase/lease of the above-referenced vehicle, which qualifies as a "lemon" under the Michigan Lemon Law, MCL 257.1401 et seq., and the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq. This letter constitutes formal notice of our Client's claim and demand for repurchase or replacement of the defective vehicle.

I. MICHIGAN LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Michigan Lemon Law, MCL 257.1401 et seq., which provides protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.

B. Covered Vehicles

Under MCL 257.1401(d), a "motor vehicle" means:
- A new motor vehicle purchased or leased in Michigan
- Used primarily for personal, family, or household purposes
- Excludes: Motor homes, buses, trucks over 10,000 pounds GVWR, motorcycles, and mopeds

The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under Michigan's Lemon Law.

C. Coverage Period

Michigan's Lemon Law applies during:
- The term of the express warranty OR the first year following delivery, whichever is longer.

D. Presumption of Nonconformity

Under MCL 257.1403, there is a rebuttable presumption that a reasonable number of attempts have been made if:

1. Same Nonconformity: The same nonconformity has been subject to repair four (4) or more times without success; OR

2. Days Out of Service: The vehicle has been out of service by reason of repair for 30 or more days (need not be consecutive).

E. Manufacturer Notice Requirement

Under MCL 257.1403, the consumer must provide written notification to the manufacturer of the need for repair. The manufacturer has five (5) business days to cure the nonconformity after receiving such notice.

THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

A. Manufacturer's Warranty

The defects complained of arose during the applicable warranty period and remain unresolved.

IV. DEFECT DESCRIPTION

A. Nature of Defect(s)

The vehicle suffers from one or more nonconformities that substantially impair its use, value, or safety as required under MCL 257.1401(e):

PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE]
- Use Impairment: [HOW DEFECT AFFECTS VEHICLE USE]
- Value Impairment: [HOW DEFECT AFFECTS VEHICLE VALUE]

ADDITIONAL DEFECT(S):
[REPEAT FORMAT FOR EACH ADDITIONAL DEFECT]

V. REPAIR HISTORY

Repair Attempt #1

Repair Attempt #2

Repair Attempt #3

Repair Attempt #4

[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]

Summary of Repair Attempts

VI. LEMON LAW QUALIFICATION

A. Michigan Lemon Law Presumption Met

Our Client's vehicle qualifies as a lemon under Michigan law because:

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, meeting or exceeding the 4-repair threshold under MCL 257.1403(1).

[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] days, exceeding the 30-day threshold under MCL 257.1403(2).

B. Magnuson-Moss Warranty Act

In addition to state law claims, our Client has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq., which provides for attorney's fees to prevailing consumers.

VII. ARBITRATION NOTICE

Under MCL 257.1405, if [MANUFACTURER] sponsors an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, the consumer must first submit the dispute to that procedure before bringing a civil action.

[ ] [MANUFACTURER] has a certified arbitration program. Our Client will comply with the arbitration requirement but reserves all rights if arbitration does not provide an acceptable resolution.

[ ] [MANUFACTURER] does not have a certified arbitration program in Michigan, and therefore arbitration is not required before bringing suit.

VIII. DEMAND FOR RELIEF

Pursuant to MCL 257.1403, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under MCL 257.1403(3)(a), the manufacturer must refund:

The reasonable allowance for use under Michigan law is calculated by multiplying the purchase price by a fraction having as its denominator 100,000 and the number of miles driven prior to the first report of nonconformity as its numerator. MCL 257.1403(3)(a).

[ ] REPLACEMENT

Under MCL 257.1403(3)(b), the manufacturer must provide a comparable new motor vehicle.

B. Additional Relief

1. Attorney's Fees and Costs: Under MCL 257.1407, a prevailing consumer may recover reasonable attorney's fees and costs.

2. Loan/Lease Payoff: The manufacturer must pay off any outstanding balance to the lienholder.

3. Incidental Damages: All incidental damages including rental car expenses, towing charges, and other costs incurred as a result of the nonconformity.

IX. FINAL REPAIR OPPORTUNITY

This letter provides [MANUFACTURER] with the final repair opportunity required under MCL 257.1403. The manufacturer has five (5) business days from receipt of this notice to cure the nonconformity.

Please contact the undersigned within three (3) business days to schedule the final repair attempt. If the defect is not cured within the 5-business-day period, our Client will proceed with arbitration (if required) and/or litigation.

X. DOCUMENT PRESERVATION

You are hereby directed to preserve all documents and records relating to this vehicle, including:

• All repair orders and warranty claims
• All technical service bulletins related to the defect
• All customer complaints regarding similar defects
• All communications between dealer and manufacturer
• All engineering documents and analyses
• The vehicle itself (do not destroy, sell, or alter)

XI. RESPONSE DEADLINE

Please respond to this demand in writing within fourteen (14) days of the date of this letter with:

1. Your position on whether the vehicle qualifies as a lemon
2. Your offer for repurchase or replacement
3. Scheduling of the final repair opportunity, if desired

If we do not receive a satisfactory response, our Client will:

[ ] Submit this matter to the manufacturer's certified arbitration program
[ ] File suit in the appropriate Michigan court
[ ] Report this matter to the Michigan Attorney General - Consumer Protection Division

XII. CONCLUSION

Our Client has provided [MANUFACTURER] with ample opportunity to repair this vehicle. The vehicle continues to suffer from substantial defects that impair its use, value, and safety. Our Client is entitled to a refund or replacement under Michigan law.

We urge you to resolve this matter promptly and avoid unnecessary litigation.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
[ ] Copies of all repair orders
[ ] Copy of purchase/lease agreement
[ ] Copy of warranty booklet
[ ] Vehicle registration
[ ] Photographs/videos of defect
[ ] Prior correspondence with manufacturer

cc: [CONSUMER NAME]
[LIENHOLDER, if applicable]
Michigan Attorney General - Consumer Protection Division

MICHIGAN LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR MICHIGAN LEMON LAW CLAIMS

Pre-Filing Considerations

1. Warranty or First Year: Coverage extends for the warranty term or the first year, whichever is longer.

2. Four Repair Attempts: Michigan requires four repair attempts for the presumption to apply.

3. 5-Day Cure Period: The manufacturer has only 5 business days for the final repair attempt.

Procedural Requirements

1. Arbitration First: If the manufacturer has an FTC-compliant arbitration program, the consumer must use it before filing suit.

2. Written Notice: Ensure proper written notice is sent to the manufacturer.

3. Michigan Attorney General: Consider filing a complaint for additional leverage.

Damages Calculation

1. Use Allowance: (Purchase Price) x (Miles at First Repair / 100,000).

2. Collateral Charges: Include all taxes, fees, and finance charges in the refund demand.

3. Attorney's Fees: Available under MCL 257.1407 to prevailing consumers.

Long Statute of Limitations

Michigan has a 4-year statute of limitations, which is longer than most states. This provides additional time to pursue claims.

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Michigan attorney before use.