Maryland Lemon Law Firms:
This is a list of law firms that are registered as specializing in Maryland lemon law cases.

Maryland Commercial Law Code Annotated, § 14-501 to § 14-504

§ 14-1501.

(a) In this subtitle the following words have the meanings indicated.

(b) "Consumer" means:

(1) The purchaser, other than for purposes of resale, of a new motor vehicle; (2) Any person to whom a new motor vehicle is transferred during the duration of the warranty applicable to such motor vehicle; or (3) Any other person who is entitled to enforce the obligations of the warranty.

(c)

(1) "Motor vehicle" means a vehicle that is registered in this State as a:

(i) Class A (passenger) vehicle; (ii) Class D (motorcycle) vehicle; (iii) Class E (truck) vehicle with a 3/4 ton or less manufacturer's rated capacity; or (iv) Class M (multipurpose) vehicle.

(2) "Motor vehicle" does not include a motor home. For the purpose of administering this subtitle, the Motor Vehicle Administration shall promulgate a regulation defining a motor home.

(d) "Dealer" has the meaning provided in § 15-101(b) of the Transportation Article.

(e) "Manufacturer, factory branch, or distributor" means a person, partnership, association, corporation, or entity engaged in the business of manufacturing or assembling motor vehicles or of distributing motor vehicles to motor vehicle dealers as defined in § 15-201(b), (c), and (e) of the Transportation Article.

(f) "Warranty" means warranties as defined in §§ 2-312, 2-313, 2-314, and 2-315 of this article.

(g)

(1) "Manufacturer's warranty period" means the earlier of:

(i) The period of the motor vehicle's first 15,000 miles of operation; or (ii) 15 months following the date of original delivery of the motor vehicle to the consumer.

(2) This subsection does not extend any manufacturer's express warranty.

§ 14-1502.

(a) If the manufacturer's warranty period is to include those miles of operation when the new motor vehicle is in the possession of any person other than the consumer, the manufacturer shall state that fact in 12 point bold face type in the manufacturer's written warranty.

(b)

(1) If a new motor vehicle does not conform to all applicable warranties during the warranty period, the consumer shall, during such period, report the nonconformity, defect, or condition by giving written notice to the manufacturer or factory branch by certified mail, return receipt requested. Notice of this procedure shall be conspicuously disclosed to the consumer in writing at the time of sale or delivery of the motor vehicle. (2) The consumer shall provide an opportunity for the manufacturer or factory branch, or its agent to cure the nonconformity, defect, or condition. (3) The manufacturer or factory branch, its agent, or its authorized dealer shall correct the nonconformity, defect, or condition at no charge to the consumer, even if repairs are made after the expiration of the warranty period. The corrections shall be completed within 30 days of the manufacturer's receipt of the consumer's notification of the nonconformity, defect, or condition.

(c)

(1) If, during the warranty period, the manufacturer or factory branch, its agent, or its authorized dealer is unable to repair or correct any defect or condition that substantially impairs the use and market value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer or factory branch, at the option of the consumer, shall:

(i) Replace the motor vehicle with a comparable motor vehicle acceptable to the consumer; or (ii) Accept return of the motor vehicle from the consumer and refund to the consumer the full purchase price including all license fees, registration fees, and any similar governmental charges, less:

1. A reasonable allowance for the consumer's use of the vehicle not to exceed 15 percent of the purchase price; and 2. A reasonable allowance for damage not attributable to normal wear but not to include damage resulting from a nonconformity, defect, or condition.

(2) The manufacturer or factory branch shall make refunds under this section to the consumer and lienholder, if any, as their interests appear on the records of ownership maintained by the Motor Vehicle Administration. (3) It is an affirmative defense to any claim under this section that the nonconformity, defect, or condition:

(i) Does not substantially impair the use and market value of the motor vehicle; or (ii) Is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle.

(d) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable warranties if:

(1) The same nonconformity, defect, or condition has been subject to repair 4 or more times by the manufacturer or factory branch, or its agents or authorized dealers, within the warranty period but such nonconformity, defect, or condition continues to exist; (2) The vehicle is out of service by reason of repair of 1 or more nonconformities, defects, or conditions for a cumulative total of 30 or more days during the warranty period; or (3) A nonconformity, defect, or condition resulting in failure of the braking or steering system has been subject to the same repair at least once within the warranty period, and the manufacturer has been notified and given the opportunity to cure the defect, and the repair does not bring the vehicle into compliance with the motor vehicle safety inspection laws of the State.

(e) The term of any warranty, the warranty period, and the 30 day out of service period shall be 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.

(f)

(1)

(i) It shall be the duty of a dealer to notify the manufacturer of the existence of a nonconformity, defect, or condition within 7 days when the motor vehicle is delivered to the same dealer for a fourth time for repair of the same nonconformity or when the vehicle is out of service by reason of repair of one or more nonconformities, defects, or conditions for a cumulative total of 20 days. (ii) The notification shall be sent by certified mail and a copy of the notification shall be sent to the Motor Vehicle Administration; however, failure of the dealer to give the required notice required under this subsection shall not affect the consumer's right under this subtitle.

(2) If a motor vehicle is returned to a manufacturer or factory branch either under this subtitle, or by judgment, decree, arbitration award, or by voluntary agreement, the manufacturer or factory branch shall notify the Motor Vehicle Administration in writing within 15 days of the fact that the vehicle was returned.

(g)

(1)

(i) If a motor vehicle that is returned to the manufacturer under either this subtitle or by judgment, decree, arbitration award, settlement agreement, or by voluntary agreement in this or any other state and is then transferred to a dealer in Maryland, the manufacturer shall disclose this information to the dealer. (ii) The manufacturer's disclosure under this paragraph shall be in writing on a separate piece of paper in 10 point all capital type and shall state in a clear and conspicuous manner:

1. That the motor vehicle was returned to the manufacturer or factory branch; 2. The nature of the defect, if any, that resulted in the return; and 3. The condition of the motor vehicle at the time that it is transferred to the dealer.

(2)

(i) If the returned vehicle is then made available for resale, the seller shall provide a copy of the manufacturer's disclosure form to the consumer prior to sale. (ii) If the returned vehicle is sold, the seller shall send a copy of the manufacturer's disclosure form, signed by the consumer, to the Administration.

(h) This section does not limit the rights or remedies that are otherwise available to a consumer under any other law, including any implied warranties.

(i)

(1) If a manufacturer or factory branch has established an informal dispute settlement procedure which complies in all respects with the provisions of Title 16, Code of Federal Regulations, Part 703, as amended, a consumer may resort to that procedure before subsection (c) of this section applies. (2) A consumer who has resorted to an informal dispute settlement procedure may not be precluded from seeking the rights or remedies available by law.

(j)

(1) Any agreement entered into by a consumer for the purchase of a new motor vehicle that waives, limits, or disclaims the rights set forth in this section shall be void. (2) The rights available to a consumer under this section shall inure to a subsequent transferee of a new motor vehicle for the duration of the applicable warranties.

(k) Any action brought under this section shall be commenced within 3 years of the date of original delivery of the motor vehicle to the consumer.

(l)

(1) A court may award reasonable attorney's fees to a prevailing plaintiff under this section. (2) If it appears to the satisfaction of the court that an action is brought in bad faith or is of a frivolous nature, the court may order the offending party to pay to the other party reasonable attorney's fees.

(m) This subtitle does not apply to a fleet purchase of five or more motor vehicles.

§ 14-1502.1.

(a) The Motor Vehicle Administration shall:

(1) Develop a notice that describes the rights provided to consumers under this subtitle; (2) Make the notice available to all dealers that sell new motor vehicles in the State; and (3) Adopt regulations as necessary to implement the provisions of this section.

(b) The notice shall:

(1) Be written in simple and readable plain language; and (2) Contain sufficient detail to fully inform consumers about the rights and remedies available under this subtitle and the procedures to follow to enforce those rights and remedies. (c) Each dealer that sells a new motor vehicle in the State shall provide to the purchaser, at the time of the sale or delivery of the motor vehicle, a copy of the notice developed by the Motor Vehicle Administration under this section.

§ 14-1503.

(a)

(1) If a dealer, manufacturer, factory branch, or distributor is required under a judgment, decree, arbitration award, or settlement agreement to accept, or by voluntary agreement accepts, return of a motor vehicle from a consumer, the consumer shall be entitled to recover from the Motor Vehicle Administration the excise taxes originally paid by the consumer, subject to subsection (b) of this section. (2)

(i) If a dealer, manufacturer, factory branch, or distributor replaces a motor vehicle with a comparable motor vehicle under § 14-1502(c)(1)(i) of this subtitle, the Motor Vehicle Administration shall allow a credit against the excise tax imposed for the replacement vehicle in the amount of the excise taxes originally paid by the consumer for the returned vehicle, subject to subsection (b) of this section. (ii)

1. If the excise tax on the replacement vehicle exceeds the credit allowed under subparagraph (i) of this paragraph, the dealer shall collect only that portion of excise tax due; or 2. If the excise tax on the vehicle being replaced exceeds the excise tax on the replacement vehicle, the consumer shall be entitled to recover from the Motor Vehicle Administration the excess of the excise tax paid.

(b) The excise taxes that a consumer is entitled to recover under this section shall be calculated based on the amount of the purchase price or any portion of the purchase price of the motor vehicle that the dealer, manufacturer, factory branch, or distributor refunds to the consumer.

(c) A dealer, manufacturer, factory branch, or distributor who is required under a judgment, decree, arbitration award, or settlement agreement to accept, or who accepts, by voluntary agreement, return of a motor vehicle shall notify the consumer in writing that the consumer is entitled to recover the excise taxes from the Motor Vehicle Administration.

§ 14-1504.

(a) A violation of this subtitle shall be an unfair and deceptive trade practice under Title 13 of the Commercial Law Article.

(b) In addition to any other remedies that may be available under this subtitle, if a manufacturer, factory branch, or distributor is found to have acted in bad faith, the court may award the consumer damages of up to $10,000.

Although it varies from state to state, the Lemon Laws stipulate that if you purchase (and in several states, lease) a new or pre-owned car or other vehicle with a manufacturer's warranty that is defective, and the manufacturing business just can't repair it despite duplicated attempts (in a designated time that varies from state to state), or if the motor vehicle is out of service for a set time (usually 30 days) due to its faults, you are eligible to a wide number of damage settlements, inclusive of:

1. Monetary restitution
2. A return of the original price
3. A new automobile
Furthermore, just about all the Lemon Laws (as well as the Federal Warranty Law) contain a fee transferring mechanism which stipulates that if you win your lawsuit, the original equipment manufacturer or dealer that sold you your lemon is obligated to pay your court expenses.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Even though the wording of each state's statute are distinct, the average state Lemon Law statute offers remedy for owners with a imperfect vehicle covered by a warranty if:

1. The dealer or original equipment manufacturer just can not reliably remedy a particular failing in the vehicle after a sensible number of repair attempts (ordinarily at least 3);
2. The motor vehicle can't be driven for at least 30 days due to shortcomings in the automobile; or
3. The dealership or original equipment manufacturer can't remedy a gremlin that is a serious safety risk.

Most of the time, a faulty vehicle is a vehicle with a condition or affliction that substantially degrades its usability, value, or safety to the consumer and doesn't comply with the warranty. Frequently, the time period during which the Lemon Laws apply are relatively short; the shortcomings and subsequent repair efforts (or out-of-service time) generally must happen during the first two-years or 24,000 miles of consumer ownership of the automobile. However, a number of states have even shorter time periods. Moreover, virtually all states have notification and activation prerequisites, such as wanting the consumer to send registered mail notice to the manufacturer of the shortcomings and giving the dealership a period to correct the automobile. Additionally, various states necessitate that Lemon Law claims be resolved through an arbitration program.

Generally, state Lemon Law regulations also are applicable to leased cars and used automobiles purchased while under the manufacturer's original warranty. A number of state Lemon Laws also apply to cars other than passenger cars. depending on the consumer's home state, or the state where the consumer purchased the automobile, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer commodities (such as computers)
There are a number of effective solutions available under the Lemon Laws. U.S. Statesten times, if the original producer just can't repair the vehicle, the consumer can either call for the original producer to replace the motor vehicle, or demand the original producer to reposess the motor vehicle and repay the purchase price along with incidental damages, like all bills, towing costs, repair costs, associated travel charges and other costs incurred by the consumer as a consequence of the faults in the motor vehicle. Another important remedy available under most Lemon Laws is laywers' fees. In most states, if you win in a Lemon Law case, you do not have to pay any laywers' bills-the motor vehicle original equipment manufacturer that sold you your lemon is forced to pay laywers' bills.

The defendant automobile original producer can employ assorted defenses to a Lemon Law claim. The standard regulation extends that the original producer is not guilty if it can show clearly that the problems in dispute were caused by exploitation, forget about, or the alteration or modification of a motor vehicle by anyone other than the original producer, its agent, or its authorized dealer. In different words, if the consumer breaks his or her own motor vehicle, or the troubles were a consequence of tampering or changes executed by an unauthorized party, the manufacturer may not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer goods warranties. Signed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and vendors of consumer commodities to give customers comprehensive facts about warranty coverage claims. In addition, it determines both the rights of public consumers and the responsibilities of warrantors under written warranties.

Although the Magnuson Moss Act does not demand an automobile original maker to supply purchasers with a warranty, if a warranty is supplied, the Magnuson Moss Act affords numerous protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for breach of warranty by making breach of warranty an infraction of federal law, and by permitting customers to recuperate litigation costs and sensible attorney's expenses.

The Magnuson Moss Act is typically effective in a lemon lawsuit where, for some reason, a state Lemon Law claim is not available or furthermore unfavorable. For example, contrary to the relatively short period offered to consumers within virtually all Lemon Laws, you could register a claim for breach of warranty after the warranty period has passed if the problems occured during the warranty time period. Also, although many Lemon Laws limit their coverage benefits to a small list of automobiles, the Magnuson Moss Act applies to almost all consumer goods. The Magnuson Moss Act may also apply if you bought or leased a expended car without a manufacturer's warranty, or if the car is covered by a service contract or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every U.S. state. It is the principal source of law governing consumer warranties, including automobiles and other items. The UCC affords an alternative legal channel for consumers with lemon troubles.

UCC code says that the purchaser of a product is entitled to return product which do not perform in any way to the consumer agreement. So, if your recently purchased item does not operate as pledged by the original equipment manufacturer (your original warranty is a portion of your contract), you may have a claim citing the UCC in addition to whatever other claims you might have.

The period for returning a motor vehicle with the UCC is not unlimited. If you identify a defect in your motor vehicle within a fair posession time period, you may take back the motor vehicle. Unfortunately, brand new automobiles can be typically mechanically complicated and you may not recognize if your motor vehicle conforms to the agreement until long after you buy the motor vehicle and defects start to come up. So, if Long after this posession period you fail to reject the motor vehicle, you will be pronounced to have okayed it and might have no claim through the UCC.

The length of the inspection time period is not outlined in the regulation. The Courts decide how long the reasonable inspection period is based on the purchaser's knowledge and experience, the purchaser's trouble in seeing the problem, and the purchaser's chance to observe the problem.

In spite of this restriction, the UCC stipulates that in certain instances where a consumer is stated to have accepted products (i.e. the reasonable inspection time has elapsed), a consumer may still take back his approval of those product where the non-conformity frequently impairs the marketability of the product to him. Those instances include instances where it was challenging to observe the nonconformity or the consumer was guaranteed that the non-conformity would be repaired. In different words, the local court will excuse the consumer from not having rejected the product where the consumer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a motor vehicle excessively fails and you have to keep taking it back to the dealer for repair under the warranty, the car lemon law may be your next recourse. The deficiency ought to be significant in which it prohibits your driving the item or your safety. A item stalling for no reason would be a significant deficiency. This is exactly the type of condition that may stymie your driving and your safety. Under the motor vehicle lemon law you are not required to indicate why the auto is stalling, you only have to demonstrate that it is stalling. Thus you need to look into the lemon law in these three cases: the auto keeps breaking within the warranty period, the auto is a safety hazard, the car dealership is unable to rebuild the auto when it is warranted.

If you have a motor vehicle which is a lemon you can immediately write to the original producer and ask for another equivalent motor vehicle. If this requirement is not acceptable to the original producer, you may start into an arbitration arrangement. A few manufacturing business* use their own arbitration program. Other manufacturing business* utilize external arbitration program like Autoline by the BBB. The recommendation of the arbitrators is binding on the original producer but not on the owner. If unsatisfied with the proposal, the owner can take the original producer to court.

Virtually all regulations state that the purchaser needs to be restored back to the fiscal status they were in prior to purchasing the vehicle, less the sum that the purchaser benefited from by using the vehicle. To get the compensation amount a number of elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new pre-owned cars will qualify under regular lemon laws. For example, a pre-owned auto may fall under normal lemon laws if it is less than one year old and has fewer than 12,000 miles on the odometer. States that do have a used car lemon law will be extra cooperative with the age and measure of mileage. Still, the car has to be sold by a car dealership that extends a warranty. Private sales are not regulated, nor are motor vehicles sold under a specific original cost. There may be other restrictions to a used car lemon law such as the purposes in which the vehicle is used or the categorisation of vehicle. Classic cars, are normally excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter period of time than brand new car ordinances. They oftentimes range from 30 to 90 days, depending on your pre-owned car's mileage.
When choosing an attorney for your lemon case, make sure that your lawyer is knowledgeable about the laws that are applicable to your state. Also enquire about the pricing program. Many lemon law attorneys take a rather small retainer to handle a lemon law claim, and thereafter, the attorney's invoices are charged to the manufacturing business. Therefore, lemon law claims are normally very affordable to consumers. The reimbursement of attorney expenses varies from state to state. About half of the states let you to recoup your Lawyer invoices if you win. The lawyer's fee is based upon actual time logged rather than being bound to any share of the recovery. In a select few States, you must pay the manufacturer's attorney's invoices if you lose.

Consumers ought to put their charges in writing and keep a copy. In all written correspondence, always explain how problematic it is to take the auto to the car dealership for corrections and that the reliability that the owner thought She was getting has been non-existent. Any written correspondence with a dealership or manufacturing business ought to be sent using certified mail. In many claims the manufacturing business* claim that they haven't had the requisite number of efforts to correct the defect. They depend on the knowledge that the owner doesn't retain repair orders for each instance they have taken the motor vehicle into the shop. They also count on the possibility that the repair orders have seperate things fixed every time evidencing that they have not fixed the same condition. Consumers should reply by expecting that authorized dealerships always give them a warranty repair order. Consumers ought to also debate that these unwritten trips are attempts.

Make sure to be mindful of your rights under the lemon laws. Upon purchase, immediately read your owner's book and warranty information thoroughly, and the facts pertaining lemon law rights that you ought to receive when you buy your vehicle. Don't count on your dealership to describe what defects are covered by warranty. If your dealership states that a condition is not covered and you think that she is purposely misleading you, be civil but confident. Don't be scared to go over the section of the warranty that is relevant, or to call the original producer for substantiation applying the contact information included inside your owner's book. You should not have to pay for work related to to lemon law complaints. It's also necessary to give notice the original producer of a complaint as soon as possible. If you are suspicious that your automobile has a defect what just can not be remedied, go over your lemon law rights to see when you are able to file a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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