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Assistive Device State Lemon Laws

Find your state Assistive Device lemon law:

Michigan

Michigan Compiled Laws 445 . 1081

Summary of the Law:

Who & What is covered:

Michigan's statute covers any consumer who acquires by purchase, lease, transfer, or ability to enforce the warranty a new or used wheel chair (a used or refurbished wheelchair is only covered for 60 days from the date of purchase).

Consumer Remedies:

Under the statute, any defect or malfunction with a wheel chair must be fixed within a reasonable number of attempts. If a defect or malfunction is not fixed within a reasonable number of attempts, the consumer must notify the manufacturer (within 1 year from the date of purchase in the case of a new wheel chair, and 60 days from the date of purchase in th case of a used wheel chair) of the malfunction or defect and make the wheelchair reasonably available for repair. The consumer is then entitled to replacement wheel chair (which must be provided within 30 days of the old wheel chairs return), or a refund of the price paid.

Resale of "lemon" wheel chairs:

Any wheel chair which is repurchased by the manufacturer because it is a "lemon" under this statute cannot be resold in Michigan without full disclosure to the consumer.

Details of the Law:

Devices Covered: Wheelchairs

Persons Covered: purchaser, lessor, transferee, anyone entitled to enforce warranty

Period Covered: 1 year after the date of purchase for a new wheelchair, 60 days after the date of purchase for a used or refurbished wheelchair.

Disclosure Requirements: No resale without full disclosure.

Required Consumer Notice: Consumer must notify the manufacturer within 1 year after the date of purchase and make the wheelchair reasonably available for repair.

Repair Requirements: A nonconformity must be repaired within a reasonably number of attempts

Affirmative Defenses: not applicable

Replace or refund: Refund and/or replace (must be provided within 30 days of the wheelchairs return).

Other reimbursement: Collateral Costs and reasonable attorneys fees.

Other remedies: not applicable

Informal dispute resolution: not applicable

Resale of Lemon: Allowed with full disclosure

Links to State Info:
Michigan Cerebral Palsy Advocacy Organization
Michigan Disability Rights Coalition

 

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