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Commercial Litigation

Banking Law
The Law Offices of Marcia B. McClure represents large banking entities in banking disputes and litigation. A personal consultation is necessary to determine if our firm can be of assistance.

Commercial Disputes
Commercial disputes and breach of contract are often interelated. There are many types of cases such as a complaint for account stated; an action for an accounting, a breach of non-competition covenant, a breach of warranty case, a claim and delivery action, a dealer/sales representative termination; an action against an insurance company to determine liability (declaratory judgment) an errors and omissions or misrepresentation action against an insurance agent,a fire loss insurance coverage dispute and/or promissory estoppel case.

A consultation with an attorney is needed to determine which, if any, actions apply to any individual situation.

There are also Business Tort actions such as breach of fiduciary duty, business defamation, fraud, misappropriation of trade secrets and tortious interference with a contract or business relationship.

Breach of Contract
A Breach of Contract case involves a lawsuit for monetary damages or to demand specific performance to enforce an oral or written agreement. The Statute of Limitations or time period in which you must sue or forever lose the right to do so is generally six (6) years. There are exceptions however, ie: the sale of goods or where a shorter time period is agreed to in the contract.

There must be an enforceable contract which requires parties competent to contract, an offer and acceptance, an exchange, payment or other "consideration" for the promised and a breach of the agreement by either a refusal to perform or performance that does not meet the contract's requirements.

The party suing must have been damaged in some manner. The Law Offices of Marcia B. McClure brings and defends Breach of Contract actions.

Lemon Law

When you purchase or lease a new car or truck you have the right to recieve the piece of mind and convenience of a vehicle that performs without serious mechanical problems or repeated repairs. If your new vehicle is not performing up to these standards, you have a number of options under state and federal law. We hope the following information will help you resolve any problems you might be having.

Michigan law provides that the manufacturer of a new vehicle must repair your vehicle under warranty within a "reasonable time." A "reasonable time" is four times for the same problem or thirty days in the shop for the same or different problems that occur during the first year of ownership.

Q. What if the first repair occurs under warranty, but the problem continues to exist after the warranty expires?

A. As long as the problem and the first repair attempt occur during the first year of ownership, all repairs for the same problem count toward the four times, even if the subsequent repairs take place after the first year or after the warranty expires.

Q. What if the vehicle spends 30 days in the shop, but not all at once and not all for the same problem?

A. Each day or part of a day that the vehicle spends in the shop during the first year of ownership counts toward the 30 day limit. For example, the vehicle could spend 7 days in the shop for a transmission problem, 3 days for an engine problem, 1 day for an electrical problem, 4 days for brake problems, 5 days for air conditioning or heating problems, and 10 days for miscellaneous drive ability problems (e.g., running rough, stalling, hesitation, etc.) Since the total time equals 30 days, the vehicle qualifies as a "lemon."

Q. What do I need to do to protect my rights under the "Lemon Law"?

A. Once your vehicle has required repairs three times for the same thing, or has accumulated 25 days in the shop, you need to send a letter, by certified mail, to the manufacturer advising them of the problems and that you want to give them their "last chance" to repair the vehicle under MCLA 257.1403(3) (the Lemon Law). The law requires that the manufacturer give you the proper address in your owner's manual or warranty booklet that comes with the vehicle. The manufacturer must then notify you within a reasonable time of a repair facility that is "reasonably accessible" where you must take the vehicle. After you deliver the vehicle to the designated repair facility, they have five business days to fix your vehicle. If the problems are not fixed within five days, or the problems occur again, then you have a right to a refund or replacement of the vehicle.

Q. Do I need a lawyer to enforce my rights under the Lemon Law?

A. Not always. You can write and send the "last chance" letter yourself. If you have questions about the proper wording of the letter, or how to send certified mail, you can call our office and we will provide a telephone consultation at no charge. You should keep your original records, sending only copies through the mail. You should also keep a copy of every letter that you send.

Q. What if the "last chance" repair doesn't work and the dealer and manufacturer refuse to give me a refund or replacement vehicle?

A. The Lemon Law provides that if you have to hire a lawyer in order to enforce your rights, you may recover costs and attorney fees as part of your damages. In order to protect the right to recover costs and attorney fees, you may first need to go through the manufacturer's "alternative dispute resolution" process (arbitration). Information on this process should be in your owner's manual or warranty booklet that came with the vehicle. Some examples of arbitration programs are the Better Business Bureau, Chrysler Customer Satisfaction Board, Auto Cap, and the Ford Consumer Appeals Board. This arbitration result is NOT binding on you, but it IS binding on the manufacturer. Thus, if you are satisfied with the result, you can accept the award and the manufacturer MUST abide by it. On the other hand, if you are not satisfied, you can reject and pursue your remedies in court. If you have questions about arbitration proceedings, please feel free to call us for a free telephone consultation.

Q. What can I get if I have to go to Court?

A. If your vehicle is a "lemon" under the law, you are entitled to a refund or a comparable replacement vehicle. A refund under the Lemon Law includes your purchase price, taxes, and the price of manufacturer's options installed by the dealer, less an offset for your use of the vehicle. The offset is limited to 10¢ per mile at the time of your first complaint or 10% of the purchase price, whichever is less. You are also entitled to recover your costs and attorney fees from the manufacturer if you win your case.


Michigan's "Lemon Law" is only one of many other consumer-oriented laws. State laws include the Uniform Commercial Code, the Consumer Protection Act, the Motor Vehicle Service and Repair Act, and the Motor Vehicle Finance Act. There is also a federal law called the Magnuson-Moss Warranty Act. Under these additional laws, there is protection for people who lease rather than purchase their vehicles. These laws also cover a broader range of problems than the Lemon Law, such as a serious mechanical failure that occurs only once or takes less than 30 days to repair, fraud or misrepresentation, damaged vehicles sold as "new," and odometer rollbacks. As with the Lemon Law, these laws also provide for recovery of costs and attorney fees if you win your case.

(© 2003 Dani K. Liblang, Liblang & Associates, P.C., Lemon LawLawyers TM)

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