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Michigan Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: What can I do about Dealership fraud

I purchased a used car for a small used dealership.it was listed as a2010 with 145k miles. I purchased and didn't read the paper work. It's really a 2007 with 195k miles. They changed the mileage babe. He only refunded me $400. What should I do.

T. Augustus Claus
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answered on Nov 1, 2023

You may sue the dealership in small claims court for fraud. In Michigan, small claims court can hear cases involving up to $6,500.

In your complaint, you must allege that the dealership defrauded you by selling you a car with a different mileage than the one listed on the odometer. You will...
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1 Answer | Asked in Contracts and Consumer Law for Michigan on
Q: I signed a solar/battery install contract. The system is incomplete and doesn't function as agreed. What are my options?

Hello everyone. I worked at and purchased a solar panel system from a solar installer in Michigan. There is a panel that is not functioning and I have had no help from the installation company for literally 87days. The battery was to be installed in 2022 when available. The battery is still not... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2023

You will need to sue the solar installer for breach of contract. In most instances, the finance company is not responsible for the solar system not working. All it did was provide money pursuant to a loan. The company that sold you the system, and the manufacturer of the system, are legally... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Banking and Collections for Michigan on
Q: What type of lawyer do I need for my issue?

So the situation is I have a credit card that I got behind on and was being bombarded with 2-3 calls a day on average totaling way more than the reasonable amount allowed. Everytime I would try and awnser to request they stop I would get dead air then disconnected leading me to believe they are... View More

James L. Arrasmith
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answered on Sep 8, 2023

You may consider reaching out to an attorney who focuses on consumer rights or consumer protection law to handle this matter. They can assist in assessing whether the collection practices violate the Rosenthal Fair Debt Collection Practices Act or the Telephone Consumer Protection Act, and help you... View More

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1 Answer | Asked in Consumer Law for Michigan on
Q: I have a car that has broken down over 30 times in 6 months. Dealership says they can't fix it. What can I do?
Adam Alexander
Adam Alexander
answered on Aug 4, 2023

It you purchased the vehicle new, it may qualify for Michigan's Lemon Law.

If you purchased the vehicle used, but with either a warranty or service contract, you may have legal options.

If you purchased the vehicle "as-is", your legal options are limited or...
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1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Can an LLC keep you from forwarding their emails to a credit card company to settle a chargeback dispute?

...

Adam Alexander
Adam Alexander
answered on Jun 22, 2023

You can be sued for anything, really. But based on your summary I wouldn't worry about getting sued. The plaintiff in any lawsuit is required to prove damages. I doubt this LLC has been harmed by what you've done, as explained. (I probably wouldn't have admitted to forwarding these... View More

1 Answer | Asked in Consumer Law and Criminal Law for Michigan on
Q: My cousin was convicted and sentenced to a minimum of 12 years in Michigan.

He has several student debt loans. He has never defaulted, but I believe has an IBR or IDR plan in place. Can something be done while he is incarcerated where the collection or reapplying for the IBR or IDR every year stops? Can the

interest stop until he is released?

Brent T. Geers
Brent T. Geers
answered on Jun 5, 2023

I do not believe there are provisions exclusive to incarcerated individuals. I think he'll need to contact his student loan servicing agency, or have someone do it on his behalf through a power of attorney form. I would think it's a matter of certifying each year that he has no income... View More

1 Answer | Asked in Consumer Law, Banking and Business Law for Michigan on
Q: Are there any licences/regulations required for personal finance websites w/affiliate links for loans, credit card, etc?

Curious about starting a website like Nerdwallet or Bankrate.com, where we write articles about financial products/services and have affiliate links to personal loan companies, credit cards, insurance, investments, loans, etc. We wouldn't provide any goods/services ourselves, but would just... View More

Michael Zamzow
Michael Zamzow
answered on Apr 7, 2023

This is not legal advice.

Perhaps. There certainly are regulations that personal finance websites must follow when selling or promoting financial investments and tools. You may consider investigating whether or not the website is required to disclose any material connections or financial...
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1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for Michigan on
Q: Mortgage company wrongfully put balance on credit report.

My home went into foreclosure in 2020 and I sold it 2 weeks into the redemption. I got a 1099-s, discharge of mortgage from the vice president of the company and a closure of account. I also walked away with a check from the sale. I am being told that I have a $26,000 balance on my credit report... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 15, 2023

This is FAR more detailed and complicated than can be properly dealt with in a public forum like this.

At a minimum, your attorney will need to see all the written documents (like that 1099 and discharge of mortgage) and look at the documents recorded with the register of deeds....
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1 Answer | Asked in Bankruptcy, Consumer Law and Foreclosure for Michigan on
Q: I owed SBA disaster loan of $24,000 and then in 2019 I did a chapter 7 due to financial problems, .

The sba loan was discharged, the problems is, everytime I try to refinance my house, they still block the refinance and demand the $24000 , and banks back away.

Is this legal what they are doing or illegal?

What can I do for them cease-and-desist?

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 13, 2023

The bankruptcy discharge prohibits a creditor from demanding payment of a discharged debt. However, it does not require a prospective lender to lend to you. Therefore, it is illegal for the creditor holding a discharged debt to try to enforce it against you, but legal for a bank to deny you a... View More

1 Answer | Asked in Consumer Law for Michigan on
Q: Paying 30,000 for a car I bought 2months and it’s not working, single mother and need answers please and help
Adam Alexander
Adam Alexander
answered on Feb 13, 2023

If you purchased your vehicle "as-is", you may not have a legal avenue to resolve the problems.

I suggest you file a complaint with the BBB and with the State of Michigan to see if they can provide you with some options. If you have a warranty, you should work with the seller or...
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1 Answer | Asked in Consumer Law and Lemon Law for Michigan on
Q: Is the owner of the dealership responsible for the seller's actions? If so, where could I find this law for court?

I recently bought a car from a used car dealership in MI that was greatly misrepresented. The seller was just a guy who the owner was allowing to sell cars out of his dealership, not an employee. After many issues, I sued the person and the dealership, and the seller has since fled the country. Is... View More

Brent T. Geers
Brent T. Geers
answered on Jan 17, 2023

Do you have a judgment against the seller? If you do, you may be precluded from now going after the dealer because generally you need to bring in everyone you can when you first file an action. If you don't have a judgment, you will need to somehow legally tie the dealer to the seller.

1 Answer | Asked in Consumer Law and Energy, Oil and Gas for Michigan on
Q: So my family got behind on our water bill payment. We are still receiving water bills even while it’s off. Is it Legal?
Brent T. Geers
Brent T. Geers
answered on Jan 3, 2023

The bills are presumably for the amount owed, which does not go away even when they shut the water off. In most cases, that amount owed becomes a lein on the property, which means it cannot be sold without being paid off.

1 Answer | Asked in Products Liability and Consumer Law for Michigan on
Q: Purchased a used vehicle 11/23/22, problems arose after further research about the vehicle history. Can I get a refund?

Seller said nothing wrong with vehicle. Said the trans was rebuilt and had a recent oil change. Upon further inspection AFTER the purchase, break lights don’t work, tailgate sticks/doesn’t stay up, battery needs to be replaced, needs O2 sensor, replace ABS control module, original VIN... View More

Brent T. Geers
Brent T. Geers
answered on Nov 28, 2022

Unlikely. Is this a private seller? This is a classic caveat emptor situation: until the point where money and title changed hands, you had the ability to investigate, and either negotiate for a lower price or walk away. Unless the seller warranted, guaranteed, or promised you something, I think... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Internet Law for Michigan on
Q: Need help with Personal & Venue Jurisdiction with multiple parties during online car deal purchase

Purchased car online. Started with Dealer 1, car was at Dealer 2, Dealer 3 also in it & Dealer 3 is parent company of 1&2. Dealer 1&3 live in 1 state, Dealer 2 in 1 state and myself in 1 state. Dealer's 1&3 have branches in many states including mine. Dealer 2 is on Retail... View More

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2022

You really need to find a lawyer; this is far more complex than you think it is. And if you try doing this on your own, without a full knowledge of the court rules and applicable case law, you are going to find yourself the recipient of a summary disposition, meaning your case will be over before... View More

1 Answer | Asked in Banking and Consumer Law for Michigan on
Q: Is it illegal to dispute items that are accurate but negative on your credit to qualify for better credit terms?

Is it illegal to get negative items removed from credit and then use that updated credit report to apply for credit?

Brent T. Geers
Brent T. Geers
answered on Nov 4, 2022

Not necessarily illegal, and in fact that is or was a commonly-pushed strategy of credit repair shops. When you dispute an item, the credit bureau contacts the creditor for verification. If no verification is received timely, then the credit bureau is supposed to take it off your report. So the... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Michigan on
Q: Does Michigan real estate law have a resend option? What are the qualifications or parameters?

Elderly parents just singed to buy a home. Upon their first night stay, they experienced an overwhelming sewage smell throughout the house. The next day discovered why...the real estate agent did not disclose the issue ...and in fact covered it up with pine sol cleaner and open windows during the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 31, 2022

I assume you mean rescind not resend.

No you cannot simply 'rescind' a completed transaction. You MAY be able to sue for damages especially if the agent of sellers took some affirmative actions to hide defects and failed to make appropriate disclosures in the paperwork, but...
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1 Answer | Asked in Consumer Law for Michigan on
Q: I purchased a lost item from an auction. The original owner is still attached. The item is worth $200.00. Will I go to j
Nico E. Banks
Nico E. Banks
answered on Nov 14, 2023

Your question is cut off, but it seems like you are probably asking whether there could be criminal penalties for keeping a lost item that you purchased. The answer is, it depends. The most important factor may be whether you knew at the time you purchased the item that it belonged to someone other... View More

1 Answer | Asked in Consumer Law, Banking, Civil Litigation and Identity Theft for Michigan on
Q: Is there a deadline/time limit to file a lawsuit?

Someone hacked my Bank of America account and fraudulently transferred $9,800 from my checking account to Mercedes Benz Financial Services in Illinois. Also, the hacker did a balance transfer using my Bank of America credit card for $5,200 at the same time, IP address, city and state. I contacted... View More

Nico E. Banks
Nico E. Banks
answered on Nov 14, 2023

Yes, there is a time limit to file a lawsuit. The exact time limit will depend on what causes of action you state (e.g., which consumer protection laws you invoke). It would be rare for the time limit to be less than a year, but acting sooner is always better.

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Banking and Insurance Defense for Michigan on
Q: Can my lending bank add insurance cost to my account for retroactive insurance?

I purchased a used truck in May 2023. As usual, I called the insurance company to add it to my policy on May 17, 2023, the date I purchased the truck. A couple months later, I received a letter from my bank stating that since they didn't receive documentation of insurance on my truck, that... View More

Tim Akpinar
Tim Akpinar
answered on Oct 17, 2023

A Michigan attorney could advise best, but your question remains open for three weeks. It isn't fully clear what caused the misunderstanding here - a local attorney could probably sort out better after reviewing the file in detail. But a financial institution can require insurance. Good luck

1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: what remedy for small claims plaintiff in Michigan, the judge has not yet opined, it's been 90 days

Plaintiff submitted ample documentation of claim including photos, written estimates, etc...against defendenat who was licensed builder. Defendant submitted obvious false receipts from day job as ServPro Project Manager to retain over $4K

Brent T. Geers
Brent T. Geers
answered on Sep 29, 2023

Have you had a hearing yet? That's when decisions are made.

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