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.

In essence, the Lemon Laws provide that if you acquire (and in several states, lease) a brand new or used car or other vehicle with a warranty that does not work consistently, and the original maker just can't restore it even with repeated efforts (in a set time that varies from state to state), or if the automobile is not drivable for a limited period (generally 30 days) due to its flaws, you are entitled to a wide range of abuses, inclusive of:

1. Monetary restitution
2. A compensation of the cost
3. A brand new automobile
Additionally, virtually all the Lemon Laws (and the Federal Warranty Law) have a fee changing element that provides that if you win your case, the original equipment manufacturer or car dealership which sold you your lemon is forced to pay your attorneys' invoices.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has its own Lemon Law statute. Even though the attributes of each state's statute are different, the typical state Lemon Law statute offers cure for buyers with a defective automobile sold with a warranty if:

1. The car dealership or original equipment manufacturer cannot correctly correct a specific fault in the item after a fair number of repair tries (commonly at least three);
2. The motor vehicle cannot be driven for at least 30 days due to shortcomings in the vehicle; or
3. The dealer or original equipment manufacturer can't remedy a deficiency that is a major safety hazard.

In general, a defective automobile is a automobile with a condition or trouble that substantially cripples its use, value, or safety to the consumer and does not comply with the warranty. Often times, the period of time in which the Lemon Laws apply are rather short; the problems and resulting repair attempts (or out-of-service period of time) occasionally will occur during the first 2-years or 24,000 miles in which the purchaser owns the automobile. However, a number of states have even shorter periods. Also, many states have notice and activation prerequisites, such as expecting the consumer to send out registered post notice to the manufacturer of the troubles and affording the car dealership an opportunity to repair the motor vehicle. Moreover, numerous states demand that Lemon Law claims be resolved through an arbitration proceeding.

Generally, state Lemon Law regulations also are applicable to leased automobiles and preowned vehicles bought whilst under the manufacturing business* factory warranty. A number of state Lemon Laws also apply to automobiles other than passenger cars. based upon the purchaser's home state, or the state in which the consumer bought the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer items (like televisions)
There are many powerful resolutions possible under the Lemon Laws. U.S. Statesally, if the original maker can't repair the automobile, the consumer may either call for the original maker to replace the automobile, or force the original maker to take back the automobile and repay the price paid together with incidental costs, such as all bills, towing charges, repair costs, associated transportation charges and other costs incurred by the consumer as a result of the faults in the vehicle. Another important relief possible under most Lemon Laws is litigation fees. In virtually all states, if you prevail in a Lemon Law suit, you won't have to pay any attorneys' expenses-the automobile original producer that sold you your lemon is forced to pay your legal charges.

The defendant motor vehicle manufacturing business can implement assorted defenses to a Lemon Law claim. The average regulation extends that the manufacturing business is not responsible if it can establish that the problems in dispute persisted due to maltreatment, forget about, or the alteration or modification of a vehicle by persons other than the original equipment manufacturer, an agent, or its authorized dealer. Restated, if the consumer abuses his or her own automobile, or the flaws were the fault of modifications or adjustments conducted by a third party, the manufacturer may not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer product warranties. Approved by Congress in 1975, the Magnuson Moss Act requires makers and marketers of consumer commodities to provide consumers with detailed data about warranty coverage benefits. In addition, it infects both the rights of consumers and the obligations of warrantors under written warranties.

Even though the Magnuson Moss Act doesn't demand an motor vehicle manufacturer to provide customers with a warranty, if a warranty is offered, the Magnuson Moss Act provides several protections for the consumer. The Magnuson Moss Act makes it more easy for buyers to sue for violating the warranty by making breach of warranty an infraction of federal law, and by permitting public consumers to recuperate legal charges and fair attorney's charges.

The Magnuson Moss Act is typically effective in a lemon situation where, for some reason, a state Lemon Law claim is unavailable or furthermore unfavorable. For instance, divaricate from the relatively short cycle provided to purchasers with virtually all Lemon Laws, you can file a claim for breach of warranty after the warranty period has passed as long as the problems came about during the warranty period. Also, although some Lemon Laws restrict their coverage to a narrow offering of vehicles, the Magnuson Moss Act applies to virtually all consumer goods. The Magnuson Moss Act could also be applicable if you bought or leased a preowned motor vehicle without a manufacturer's warranty, or if the motor vehicle is covered by a third party contract or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in every state. It is the principal basis of law regulating warranties on consumer goods, including cars and other items. The UCC provides a legal avenue for public consumers with lemon problems.

UCC code provides that the consumer of a product is entitled to return products that break in any respect to the consumer agreement. Essentially, if your recently purchased item does not function as warranted by the original equipment manufacturer (your original warranty is a portion of your contract), you can file a claim referencing the UCC in addition to whatever additional claims you might have.

The time for taking back a vehicle with the UCC is not limitless. If you notice a gremlin in your car within a reasonable inspection period, you may return the motor vehicle. Unfortunately, brand new vehicles can be typically mechanically complicated and you might not notice if your motor vehicle conforms to the agreement till long after you purchase the motor vehicle and problems start to arise. Therefore, if Following this inspection time period you do not take back the motor vehicle, you will be deemed to have okayed it and may have no claim through the UCC.

The duration of the review period is not outlined in the statute. Courts determine how long the reasonable review period is based on the consumer's proficiency and experience, the consumer's trouble in happening upon the problem, and the consumer's opportunity to come across the failing.

In spite of this limitation, the UCC provides that in certain examples where a consumer is said to have accepted products (i.e. the reasonable review period has expired), a consumer can still repeal his acceptation of those goods where the non-conformity substantially impairs the marketability of the goods to him. Those cases include lawsuits in which it is laborious to expose the nonconformity or the consumer was promised that the non-conformity would be repaired. In different words, the court will relieve the consumer from not refusing the goods where the consumer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a vehicle excessively breaks down and you have to keep bringing it back to the car dealership for repair under the written warranty, the auto lemon law may be your next course. The flaw should be significant where it prohibits your driving the car or your safety. A car stalling frequently is a significant flaw. This is exactly the type of condition that can diminiah your driving and your safety. Under the car lemon law you are not required to establish why the car is stalling, you only have to verify that it is stalling. Thus you need to check into the lemon law in these 3 cases: the car keeps breaking within the warranty time period, the car is a safety risk, the dealer is incapable to rebuild the car when it is guaranteed.

If you own a product which is a lemon you can directly write to the maker and ask for a replacement product. If this request is not acceptable to the maker, you may move into an arbitration program. A few makers incorporate their own arbitration process. Other makers have outside arbitration program including Autoline by the Better Business Bureau. The recommendation of the arbitrators is binding on the maker but not on the purchaser. If unsatisfied with the recommendation, the purchaser can take the maker to court.

Virtually all regulations provide that the consumer ought to be restored back to the financial position they were in before they purchased the automobile, less the amount that the consumer gained from by using the automobile. To get the refund amount many 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 automobiles may qualify under normal lemon laws. For example, a pre-owned car may fall under regular lemon laws if it is less than a year old and has less than 12,000 miles on the odometer. States that do have a pre-owned car lemon law will be additionally accommodative with the age and measure of mileage. Still, the car has to be sold by a car dealership that provides a written warranty. Private party sales are not governed, neither are automobiles sold under a declared original price paid. There may be other restrictions to a used car lemon law such as the functions in which the automobile is used or the categorization of automobile. Classic cars, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws usually cover a much shorter period of time than new car regulations. They usually range from 30 to 90 days, based on your pre-owned vehicle's mileage.
When finding 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 lawyers assume a rather minor retainer to manage a lemon law claim, and afterward, the lawyer's bills are charged to the manufacturer. Fundamentally, lemon law claims are usually very inexpensive to customers. The reimbursement of attorney fees differs from state to state. About one-half of the states allow you to recover your Lawyer fees if you win. The attorney's fee is based upon actual time spent instead of being attached to any percent of the recuperation. In a few States, you will pay the manufacturer's lawyer's charges if you lose.

Consumers ought to record their charges in writing and hold a copy. In any written correspondence, always describe how burdensome it is to take the auto to the dealer for repairs and that the dependability that the customer thought He or she was getting has been non-existent. Any written correspondence with a car dealership or manufacturer ought to be sent using certified post. In almost all instances the makers claim that they haven't had the essential number of endeavors to repair the defect. They count on the reality that the customer does not have repair receipts for each instance they have brought the car into the authorized repair facility. They also depend on the fact that the repair receipts have different parts fixed each occurance demonstrating that they have not repaired the same defect. Consumers ought to respond by requiring that authorized dealerships always give them a warranty repair sheet. Consumers should also argue that these unrecorded trips are attempts.

Make sure to be cognisant of your lemon law rights. Upon purchase, immediately page through your owner's booklet and warranty info completely, as well as the information on lemon law rights which you ought to obtain when you buy your vehicle. Don't depend on your dealership to identify which troubles are covered by warranty. If your dealer states that a defect is not covered and you believe that he or she is purposely misleading you, be composed but assertive. Don't be afraid to produce the section of the warranty that is relevant, or to call the original maker for substantiation utilizing the contact info included with your owner's booklet. You should not have to pay for work associated to lemon law complaints. It's also crucial to advise the original maker of a complaint immediately. If you suspect that your car has a condition that cannot be remedied, go over your lemon law rights to see when you are able to bring 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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