Assistive Device State Lemon Laws
Michigan Compiled Laws 445 . 1081
Summary of the Law:
& 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).
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
Other remedies: not applicable
Informal dispute resolution: not applicable
Resale of Lemon: Allowed with full disclosure
Links to State Info:
Cerebral Palsy Advocacy Organization
Disability Rights Coalition