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 buy (and in many states, lease) a brand new or used car or other vehicle under warranty that is extremely unreliable, and the original equipment manufacturer just can't rebuild it even with recurrent efforts (inside a set time that differs from state to state), or if the car is not drivable for a defined time (often 30 days) because of its shortcomings, you are entitled to a broad range of costs, including:

1. Monetary restitution
2. A refund of the cost
3. A new car
Moreover, almost all the Lemon Laws (as well as the Federal Warranty Law) incorporate a fee shifting component that stipulates that if you win your case, the original producer or dealership that sold you your lemon is expected to pay for litigation fees.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Even though the verbiage of each state's statute differ, the average state Lemon Law statute affords relief for consumers with a impared auto sold with a warranty if:

1. The car dealership or original producer can't completely correct a specific defect in the item after a reasonable number of repair attempts (commonly at least 3);
2. The automobile cannot be driven for at least 30 days due to faults in the vehicle; or
3. The dealer or original producer just can't correct a flaw that is a dangerous safety hazard.

Usually, a defective car is a car with a defect or trouble that largely cripples its usability, value, or safety to the consumer and doesn't conform to the written warranty. Frequently, the period of time in which the Lemon Laws are applicable are relatively short; the defects and resulting repair attempts (or out-of-service period) occasionally will happen during the first two-years or 24,000 miles the owner has the motor vehicle. However, a number of states have even shorter periods. Also, virtually all states have notice and trigger requirements, such as requiring the consumer to send off registered mail notice to the manufacturer of the shortcomings and establishing the car dealership an option to correct the motor vehicle. Additionally, numbers of states expect that Lemon Law suits be solved through an arbitration process.

Generally, state Lemon Law statues also apply to leased cars and used cars bought while under the producers basic warranty. A lot of state Lemon Laws also apply to automobiles other than passenger automobiles. based upon the buyer's state of residence, or the state in which the consumer bought the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer commodities (like electronics)
There are many robust resolutions possible under the Lemon Laws. American Statesently, if the original maker just can not repair the vehicle, the consumer may either require the original maker to replace the vehicle, or make the original maker to take back the vehicle and repay the purchase price plus accompanying costs, like all fees, towing fees, repair costs, related transportation charges and other charges incurred by the consumer as a consequence of the troubles in the vehicle. Another important remedy possible under most Lemon Laws is legal expenses. In almost all states, if you prevail in a Lemon Law lawsuit, you will not have to pay any attorneys' bills-the automobile manufacturer that sold you your lemon is obligated to pay for your laywers' bills.

The defendant auto manufacturing business can use many defenses to a Lemon Law claim. The common regulation affords that the manufacturer is not liable if it can prove that the problems in question persisted due to malevolence, negligence, or the tampering or modification of a vehicle by somone other than the original equipment manufacturer, its agent, or an authorized dealer. Put differently, if the consumer abuses his or her own car, or the shortcomings were caused by changing or changes carried out by an unauthorized dealer, the manufacturer may not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer product warranties. Signed by Congress in 1975, the Magnuson Moss Act requires makers and sellers of consumer goods to provide consumers with detailed information about warranty coverage benefits. Additionally, it determines both the rights of consumers and the responsibilities of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act doesn't demand an motor vehicle original maker to furnish customers with a warranty, if a warranty is provided, the Magnuson Moss Act provides several protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for breach of warranty by making breach of warranty noncompliance of federal law, and by permitting public consumers to recuperate legal costs and reasonable attorney's expenses.

The Magnuson Moss Act is typically useful in a lemon situation where, for some reason, a state Lemon Law claim is not applicable or otherwise unfavorable. For instance, unlike the generally short time provided to customers with most Lemon Laws, you may bring a claim for breach of warranty after the warranty period has passed as long as the troubles happened during the warranty time period. In addition, although a few Lemon Laws restrict their coverage benefits to a small list of vehicles, the Magnuson Moss Act is relevant to near all consumer items. The Magnuson Moss Act may also be applicable if you bought or leased a expended vehicle without a manufacturer's warranty, or if the vehicle is covered by a third party contract or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in every state. It is the prime foundation of law governing consumer warranties, including vehicles and other items. The UCC offers an alternative legal avenue for customers with lemon problems.

UCC code states that the buyer of a product is entitled to return merchandise that do not perform in any aspect to the contract. Therefore, if your recently purchased motor vehicle doesn't work as established by the original maker (your manufacturer warranty is part of your consumer agreement), you may file a claim citing the UCC in addition to whatever additional claims you might have.

The period for rejecting a vehicle with the UCC is not limitless. If you notice a fault in your automobile inside a reasonable ownership period, you may refuse the automobile. Unfortunately, brand new cars are frequently mechanically enigmatic and you might not know if your product conforms to the contract till long after you acquire the product and troubles start to develop. So, if After this ownership period you do not reject the product, you will be alleged to have okayed it and will have no claim through the UCC.

The duration of the review time period is not specified in the regulation. Courts determine how long the fair review period is based on the consumer's understanding and past experience, the consumer's difficulty in noticing the fault, and the consumer's opportunity to identify the defect.

In spite of this limit, the UCC provides that in certain examples where a buyer is pronounced to have accepted goods (i.e. the fair review time period has expired), a buyer may still take back his acceptance of those goods where the non-conformity considerably degrades the economic value of the goods to him. Those instances include instances in which it is arduous to see the nonconformity or the buyer was promised that the non-conformity would be fixed. Put differently, the local court will pardon the buyer from not rejecting the goods where the buyer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a automobile excessively gives out and you have to keep bringing it back to the dealership for repair under the written warranty, the automobile lemon law may be your next refuge. The defect should be substantial in which it hampers your driving the product or your safety. A product stalling often is a substantial defect. This is exactly the type of condition that could hinder your driving and your safety. Under the automobile lemon law you are not required to demonstrate why the vehicle is stalling, you simply have to verify that it is stalling. Essentially you need to check into the lemon law in these three situations: the vehicle keeps dying within the warranty time period, the vehicle is a safety hazard, the car dealership is not able to fix the vehicle when it is guaranteed.

If you own a vehicle which is a lemon you can directly write to the manufacturer and ask for a replacement vehicle. If this requirement is not satisfactory to the manufacturer, you could enter into an arbitration program. A few manufacturing business* have their own arbitration process. Other manufacturing business* utilise outside arbitration program like Autoline by the Better Business Bureau. The assessment of the arbitrators is binding on the manufacturer but not on the purchaser. If unsatisfied with the opinion, the purchaser can take the manufacturer to court.

Virtually all regulations state that the owner ought to be restored back to the fiscal situation they were in before they purchased the automobile, less the sum that the owner benefited from by using the automobile. To get the payback amount several components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new pre-owned motor vehicles may qualify under regular lemon laws. For example, a pre-owned vehicle may fall under normal lemon laws if it is less than one year old and has less than 12,000 miles on the odometer. States that do have a pre-owned car lemon law may be extra generous with the age and amount of mileage. Still, the car must be sold by a dealer that offers a warranty. Personal sales are not regulated, neither are motor vehicles sold under a stated price paid. There could be additional restrictions to a used car lemon law such as the proposes for which the automobile is utilized or the categorization of automobile. Vintage cars, are normally excluded from used car lemon laws. Used car lemon laws usually cover a much shorter period of time than brand new car laws. They oftentimes range from 30 to 90 days, based on your pre-owned vehicle's mileage.
When choosing an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that apply to your state. Also enquire about the fee structure. Many lemon law lawyers get a generally humble retainer to manage a lemon law claim, and thereafter, the attorney's fees are charged to the original producer. Therefore, lemon law claims are usually very low-cost to consumers. The reimbursement of lawyer charges varies from state to state. About half of the states let you to recuperate your Lawyer bills if you win. The lawyer's fee is based on actual time spent rather than being tied to any portion of the recuperation. In many States, you have to pay the manufacturing business* attorney's fees if you lose.

Consumers ought to record their concerns in writing and retain a copy. In any written correspondence, always make clear how problematic it is to return the vehicle to the dealership for corrections and that the reliability that the customer thought She was receiving has been non-existent. Any written correspondence with a dealership or original producer needs to be sent using certified mail service. In many instances the manufacturing business* claim that they haven't had the required number of attempts to fix the condition. They count on the knowledge that the customer does not file repair orders for each time they have brought the vehicle into the shop. They also depend on the possibility that the repair orders have seperate parts repaired each instance demonstrating that they haven't repaired the same problem. Consumers ought to reply by asking that dealerships always present them a warranty repair sheet. Consumers should also contend that these unrecorded trips are attempts.

Make sure to be knowledgeable of your lemon law rights. Upon purchase, immediately page through your owner's booklet and warranty information thoroughly, along with the info pertaining lemon law rights which you should obtain when you choose your motor vehicle. Don't bet on your dealer to show you which problems are covered by warranty. If your dealer states that a problem is not covered and you believe that he is purposely misleading you, be genteel but surefooted. Don't be afraid to bring out the part of the warranty that applies, or to call the original maker for verification using the contact information included within your owner's booklet. You should not have to pay for repairs related to lemon law complaints. It's also essential to notify the original maker of a complaint right away. If you think that your vehicle has a problem that cannot be fixed, check out 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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