Royal Oak, MI asked in Consumer Law and Lemon Law for Michigan

Q: Vehicle under warranty but Chrysler cannot fix the problem due to discontinued part. what do i do?

Chrysler service has had my car for 9mo, & have been taking it in for over a year now. They've tried everything but the discontinued part, because it cannot be sourced. now they are just giving me my car back without doing a buy back or anything. I believe the car would be considered a lemon but im unsure where to go from here. they are not being helpul after the service manager said himself chrysler would do a buy back if it couldnt be fixed. now hes saying its pretty much my problem now and not helping me with where to go from here. the car would be worth AT LEAST $15,000 if it were working properly. I need a new car as the manager stated himself it is, "unsafe to drive on the freeway" but cannot afford one without money from the current vehicle

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1 Lawyer Answer
Adam Alexander
Adam Alexander
  • Consumer Law Lawyer
  • Southfield, MI
  • Licensed in Michigan

A: Knowing the year/make/model of your vehicle would be helpful.

The first thing you should do is send a final repair letter. Immediately. A lawyer can do that for you. However, Michigan’s Lemon Law, like most other States, requires the consumer to provide the auto manufacturer with one final repair attempt to fix the defect. This is a requirement. In other words, if your vehicle meets the minimum threshold for repairs (at least 3 repair attempts for the same substantial defect/condition, and/or at least 25 out of service within the first year for the same substantial defect/condition), you STILL have to allow a final repair attempt.

In your case, your vehicle was out of service for 9 months. You presumably will NOT win a Lemon Law case if you don’t first allow this final repair attempt. The Lemon Law also specifies the way you must notify the auto maker of your desire to provide them with a final repair opportunity. The request must be a “written notification, by return receipt service.” If you send a letter that is not certified or otherwise not delivered by return receipt, it probably doesn’t count. Nor does an email notification, verbal notification or text.

The Contents of the Notification Letter

What should you put in the letter? Let me first say that this letter is very important. It is the commencement of your effort to get out of that Lemon vehicle. It will also be evidence in your Lemon Law case and an exhibit at your trial (if your case gets that far). Accordingly, it must be expertly crafted. My strong advice is to hire an experienced Lemon Lawyer to draft this letter and handle your case. However, if you wish to do it yourself, there are a few items that must be included.

1. Your name, address, email address and contact number

2. The year/make/model of the vehicle

3. Purchase/Lease date

4. The vehicle identification number

5. A description of the defect(s), including how many prior repair attempts/days out of service

6. A statement that this letter is notice of the need for repair of the defect or condition in order to allow the manufacturer an opportunity to cure the defect or condition.

You should mail this letter, (certified, return receipt requested), to the manufacturer at the address provided in your owner’s manual. Other legal language should also be included in this letter, however this particular blog will focus only on the Michigan Lemon Law. Again, it is prudent to hire a lawyer to handle your Lemon Law case front to back, including this final repair letter.

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