Q: What do you do if you are sold a new 2019 vehicle that is defected and it's not fixable? What should we expect next?
Out of curiosity after we bought it, I looked online to see if their photos had the defect before we bought it and I noticed it in their pictures, sadly, we were not notified of it and we did not notice it until later that same day. The defect is the drivers side sliding door that will not close properly. My brother took it to the dealer several times and had a new latch installed but that didn't work, then my brother took it back and the dealer told my brother to take it to a collision shop and they said there is nothing they can do about it either. The dealer notified the car manufacturer about it and we are waiting. I tried contacting several people (sales and finance department) to give me information about how to contact the service department, manager or whoever it may concern besides just the phone number to call for service. I don't know what to do next or what should we expect from the dealer?
A:
Michigan's Lemon has strict requirements regarding the number of repairs required to qualify as a "Lemon":
It shall be presumed that a reasonable number of attempts have been undertaken to repair a defect or condition if 1 of the following occurs:
a) The same defect or condition that substantially impairs the use or value of the new motor vehicle to the consumer has been subject to repair a total of 4 or more times by the manufacturer or new motor vehicle dealer within 2 years of the date of the first attempt to repair the defect or condition.
b) The new motor vehicle is out of service because of repairs for a total of 30 or more days or parts of days during the term of the manufacturer's express warranty, or within 1 year from the date of delivery to the original consumer, whichever is earlier.
I suggest you contact a Lemon Law attorney in Michigan to review the repair history in detail and discuss your legal options. Keep in mind that if the vehicle does not qualify as a "Lemon", your brother still may have other legal recourse for breach of warranty, violation of the Magnuson-Moss Warranty Act, as well as other causes of action.
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