Motor Vehicle Service and Repair Act

32Michigan law protects consumers from unfair and deceptive contracts by motor vehicle repair facilities, such as:

(a) A contract which uses a waiver to circumvent or evade the act.

(b) A contract which takes advantage of a customer’s inability to reasonably protect his interests on account of illiteracy or inability to understand the language of an agreement, if the facility knows or reasonably should know of the customer’s inability.

(c) A contract which has gross discrepancies between the oral representations of the facility and the written agreement covering the same transaction.

Michigan law also protects consumers from unfair and deceptive practices by motor vehicle repair facilities, such as to:

(a) Make, either written or orally, an untrue or misleading statement of a material fact.

(b) Fail to reveal a material fact, the omission of which tends to mislead or deceive the customer and which fact could not reasonably be known by the customer.

(c) Enter into a contract which attempts to abrogate, disclaim, or disallow the legal rights, obligations, or remedies of a customer.

(d) Allow a customer to sign an acknowledgment, certificate, or other writing which affirms acceptance, delivery, compliance with a requirement of law, or other performance, if the facility knows or has reason to know that the statement is not true.

(e) Set up contractual provisions, including the statement of repairs and waivers, which are not specific in language, clearly described, or reasonably legible.

(f) Attempt to avoid or evade the law through a contract or any provision thereof.

(g) Fail to promptly restore to the person entitled thereto any deposit, down payment, or other payment when a contract is rescinded, cancelled, or otherwise terminated in accordance with the terms of the contract or the act.

(h) Allow a customer to sign a document in blank relating to the repair of a motor vehicle.

(i) Fail to give the customer a copy of a document evidencing the engagement of the facility at the time of its signing by the customer.

(j) Fail upon return of a repaired vehicle to the customer to give a written statement of repairs to the customer which discloses:

(i) Repairs needed, as determined by the facility:

(ii) Repairs requested by the customer.

(iii) Repairs authorized by the customer.

(iv) The facility’s estimate of repair costs.

(v) Actual costs of repairs.

(vi) Repairs or services performed, including a detailed identification of all parts that were replaced and a specification as to which are new, used, rebuilt, or reconditioned.

(vii) A certification that authorized repairs were completed properly or a detailed explanation of an inability to complete repairs properly.

To schedule an appointment to discuss problems with an automobile repair facility, please call (734) 475-4659. 

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The foregoing is general information only and does not constitute legal advice regarding your specific legal matter nor does it create an attorney-client relationship regarding your matter.