Maryland Lemon Law Attorneys:
Kimmel & Silverman
Standards Of The Maryland Lemon Law
Vehicles Covered
Consumers Covered
The lemon law covers consumers who fall into any one of the following categories:
- The purchaser, other than for purposes of resale, or the lessee of a new motor vehicle;
- Any person to whom a new motor vehicle is transferred during the duration of the vehicle’s warranty; or
- Any other person who is entitled to enforce the warranty.
The rights available to a consumer under the lemon law inure to a subsequent transferee of a new motor vehicle for the duration of the applicable warranties. If a lessor permits the lessee to assign any interest in the lease or the motor vehicle, upon such assignment the rights available to a lessee under the lemon law inure to an assignee of the lessee’s rights under the lease or a subsequent transferee of the motor vehicle.
Vehicle Converters
The lemon law applies to veh
icle converters
Lemon Law Coverage Period
The lemon law defines a “manufacturer’s warranty period” that extends until the earlier of the first 15,000 miles of vehicle operation or 15 months following the date of the motor vehicle’s original delivery to the consumer.
Problems Covered
The lemon law covers any defect or condition that substantially impairs the use and market value of the motor vehicle to the consumer. This is referred to as a nonconformity.
The lemon law provides manufacturers with an affirmative defense if it can be shown that the nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle.
Manufacturer's Duty To Repair
Manufacturer's Duty To Repurchase Or Replace A Vehicle
Notice And Opportunity To Repair
Reasonable Number Of Repair Attempts
The Maryland lemon law creates a presumption that a manufacturer has had a reasonable number of repair attempts if any of the following occurs within the “manufacturer’s warranty period”:
- The same nonconformity has been subject to repair by the manufacturer or factory branch, its agent or authorized dealer four or more times but continues to exist;
- The vehicle was out of service by reason of repair of one or more nonconformities for a cumulative total of 30 or more days; or
- A nonconformity resulting in a braking or steering system failure has been subject to the same repair at least once, the manufacturer has been notified and given the opportunity to cure the nonconformity, and the repair does not bring the vehicle into compliance with the motor vehicle safety inspection laws.
The term of any warranty, the “manufacturer’s warranty period”, and the 30 day out-of- service period are extended by any time during which repair services are not available to the consumer by reason of war, invasion, strike, or fire, flood, or other natural disaster.
Dispute Resolution
Time Period For Filing Claims
Remedies Under The Maryland Lemon Law
Repurchase Of An Owned Vehicle
The Maryland lemon law provides that a manufacturer must pay the following amounts when it repurchases an owned vehicle under the lemon law:
- The full purchase price; and
- All license and registration fees, and any similar governmental charges;
- Less a reasonable allowance for the consumer’s use of the vehicle not to exceed 15% of the purchase price;
- Less a reasonable allowance for damage not attributable to normal wear and not including damage resulting from a nonconformity.
Refunds must be made to the consumer and lienholder, if any, as their interests appear on the records of ownership maintained by the Motor Vehicle Administration. The consumer may recover from the Motor Vehicle Administration the excise taxes originally paid by the consumer for the returned vehicle. The excise taxes that the consumer is entitled to recover are calculated based on the amount of the purchase price or any portion of the purchase price of the motor vehicle that is refunded to the consumer.
Repurchase Of A Leased Vehicle
The Maryland lemon law provides that a manufacturer must pay the following amounts when it repurchases a leased vehicle under the lemon law:
To the lessee:
The lemon law provides that it shall be construed to provide a mechanism through which the lessor and lessee are made whole for losses incurred as a result of a motor vehicle’s nonconformity, defect, or condition. The Maryland Attorney General’s Office has determined that an award making the lessee whole could include lease payments made by the lessee. The lemon law also requires that the manufacturer refund to the lessee:
- All money paid during the period in which the vehicle was not available due to the defect, condition or nonconformity;
- All sums paid by the lessee to repair the defect, condition or nonconformity;
- All excise tax, license and registration fees and similar governmental charges;
- Less a reasonable allowance for the lessee’s unimpaired use of the vehicle.
To the lessor:
- All amounts due to the lessor under the terms of the lease.
The lessor may not assess the lessee any prepayment penalty, early termination fees, or other charges resulting from return of the vehicle.