A step-by-step guide to writing the notice letter required under Michigan's Lemon Law to demand a "last chance" or "final repair" attempt before filing a lawsuit.
1
Determine whether it is time to write your letter.
Under Michigan's Lemon Law, you may send your demand for a "last chance" or "final repair attempt" if you meet either one of the following critieria:
1. Your vehicle has been in the shop 3 or more times for the same defect or condition; OR
2. Your vehicle has been in the shop for at least 25 days (or partial days) during the first year of ownership (the reasons do not have to be the same problem).
2
Gather the necessary information
In order to prepare your letter, you will need:
1. A list of the problems and the number of times the vehicle has been in for service - if possible it is best to have copies of all of the repair orders or a print-out of the repair history.
2. The manufacturer's mailing address - this information will be in your warranty booklet. (If your warranty booklet is missing, visit the manufacturer's website to obtain the proper address.)
3
Write your letter - here is a sample to follow
[DATE]
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
[NAME & ADDRESS OF MANUFACTURER]
Re: Customers: <your name>
Vehicle : <year, make and model>
VIN No. : < >
Delivery Date: < >
Selling Dealer: < >
Dear Sir or Madam:
I am writing pursuant to MCLA 257.1401, et seq, to request a final repair attempt.
Your records should reflect that the vehicle has been in the dealer on at least <# of times> occasions for repair attempts involving the <describe problems>. The vehicle has also been out of service for approximately <#> days for repairs involving the foregoing problems, as well as <describe every other problem the vehicle has been in for>. I have enclosed copies for your reference.
Under MCLA 257.1403(3)(b), I am requesting that you notify me within five (5) business days of a reasonably accessible repair facility where the final repair attempt shall take place.
Very truly yours,
<your name and contact information>
4
Send your letter by certified mail return receipt requested
In order to comply with Michigan's Lemon Law, you must send your letter by certified mail, return receipt requested. Be sure to keep a copy of the letter for your records, along with your certified mail receipt, and the green return receipt once you receive it. Be sure that if you are sending repair records that you send only COPIES. It is very important that you keep the originals in your own file.
If you do not get a response within 5 business days from the date on the green return receipt, or if the final repair attempt is unsuccessful, your next step may be to consult with a lawyer. Most lemon law lawyers will provide a free consultation in order to evaluate your situation and advise you as to your rights and remedies.
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