The 30-Day Out of Service Rule: Can You Lemon a Car in Michigan Due to Parts Shortages?
Yes, if your car is at a Michigan dealership waiting for backordered parts for 30 cumulative days in the first year, it can qualify as a lemon. Active repair time and waiting time both count.
Since the disruptions of the global pandemic, automotive supply chains have faced unprecedented challenges. It is increasingly common for drivers in Detroit, Traverse City, and Grand Rapids to take their new cars to the dealership for a simple warranty repair, only to be told that a critical part is on backorder. Weeks turn into months, and you are left making payments on a car you cannot drive. Fortunately, the Michigan Lemon Law provides a powerful remedy for this exact scenario: the 30-day out of service rule. Understanding how this rule functions, especially regarding parts shortages, can help you get out of a defective vehicle and into a reliable one.
The 30-Day Rule Under Michigan Lemon Law
While most people associate lemon laws with cars that break down multiple times, Mich. Comp. Laws § 257.1403 clearly states that a vehicle can also be deemed a lemon if it is out of service because of repairs for a total of 30 or more days. This threshold must be met during the term of the manufacturer's express warranty or within one year from the date of delivery to the original consumer, whichever comes first. The 30 days do not need to be consecutive. If your truck is in the shop for 10 days in January, 10 days in April, and 10 days in August for various warranty issues, it triggers the law.
Dealer Waiting on Parts vs. Active Wrench Time
One of the biggest points of confusion for consumers in Lansing and Kalamazoo is the distinction between actual repair time and waiting time. Dealerships often claim, 'We haven't been working on the car for 30 days; it's just sitting here waiting for a microchip or a transmission.' Under Michigan law, it generally does not matter if the mechanic is actively turning a wrench or if the car is simply parked in the back lot collecting dust. If the vehicle is in the dealership's possession and you cannot drive it because it is waiting for a warranty-covered part, those days count toward your 30-day total.
Do Weekends and Holidays Count?
Yes. The statute does not limit the count to 'business days.' A day out of service is a calendar day. If your car is dropped off at a dealership in Ann Arbor on a Friday and picked up on a Monday, that counts as four days out of service, even though the service department was closed on Sunday. This cumulative counting is vital. Keep a detailed log of the exact dates on your repair invoices.
Providing the Manufacturer a Chance to Expedite Parts
Even if your vehicle has been at the dealership for 30 days due to a backordered part, you cannot simply walk in and demand a refund on day 31. The Michigan Lemon Law requires you to notify the manufacturer in writing. The purpose of this notice is to give the manufacturer one final opportunity to resolve the issue. Sometimes, receiving this formal legal notice forces the manufacturer to magically find the backordered part and expedite shipping to avoid a lawsuit.
Sending the Written Notice
According to Mich. Comp. Laws § 257.1403, you must send a written notification to the manufacturer by return receipt service (certified mail). This letter should explicitly state that your vehicle has been out of service for 30 or more days and demand a final repair attempt. Once they receive it, they are afforded a brief window to complete the repair. If the part truly is unavailable and they cannot fix the car, your claim for a replacement or repurchase becomes incredibly strong. A common form to eventually start court action if they fail is Form MC 01, Michigan, State Court Administrative Office, Summons.
Steps to Take if Your Car is Stuck at the Dealership
If your car is currently stranded at a dealership in Troy or Flint, do not rely on verbal promises from the service advisor. Take proactive steps to protect your legal rights. Demand a hard copy repair order that shows the date you dropped the car off. Do not let them keep the ticket open without providing you documentation. You may also need to file consumer complaints with the Michigan Department of State, Lansing or seek relief through the Ingham County Circuit Court, Lansing if the manufacturer refuses to comply with the law. Finding an experienced lawyer through our US Lawyers directory can expedite this entire process.
| Scenario at Dealership | Does it count toward the 30 days? |
|---|---|
| Car is actively being repaired by mechanics | Yes, every calendar day counts. |
| Car is parked safely waiting for a backordered part | Yes, waiting time is out-of-service time. |
| Service department is closed on Sundays | Yes, weekends and holidays count. |
| You drive the car while waiting for the part to arrive | No, you must be deprived of the vehicle. |
What if the dealership gave me a loaner car?
Even if you are provided a loaner or rental vehicle, the days your actual purchased or leased vehicle is out of service still count toward the 30-day lemon law threshold.
Does a strike or natural disaster pause the 30-day clock?
There are rare exceptions for conditions completely beyond the manufacturer's control, such as war, invasion, or widespread strikes, but general supply chain issues usually do not exempt them from the law.
How do I prove the days the car was in the shop?
The official repair invoices provided by the dealership service department are your primary evidence. Always ensure the drop-off and pick-up dates are accurately printed.
Do I send the final notice to the dealer or the manufacturer?
You must send the certified letter directly to the vehicle manufacturer's corporate office, not to the local dealership where the car is sitting.
Can a lawyer help me draft the 30-day notice letter?
Yes, an attorney from our US Lawyers catalog can ensure the letter meets all statutory requirements and is sent to the correct corporate legal department.
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