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.

Basically, the Lemon Laws specify that if you buy (and in some states, lease) a new or pre-owned vehicle or other vehicle with a manufacturer's warranty that is repeatedly faulty, and the original equipment manufacturer just can't restore it despite persistent efforts (within a stipulated time limit that fluctuates from state to state), or if the automobile is not drivable for a defined time (generally 30 days) because of its flaws, you are eligible to a wide range of damage settlements, including:

1. Money restitution
2. A return of your purchase price
3. A brand new car
Moreover, nearly all of the Lemon Laws (as well as the Federal Warranty Law) contain a fee switching component that provides that if you win your suit, the manufacturer or dealership which sold you your lemon is expected to repay legal invoices.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Even though the attributes of each state's statute vary, the typical state Lemon Law statute affords cure for buyers with a imperfect vehicle purchased with a warranty if:

1. The dealership or original producer cannot legitimately fix a specific defect in the product after a fair number of repair tries (generally at least 3);
2. The car can't be used for at least 30 days due to shortcomings in the vehicle; or
3. The car dealership or original producer just can not repair a failing that is a considerable safety hazard.

Most of the time, a defective vehicle is a vehicle with a defect or trouble that frequently impares its use, value, or safety to the consumer and doesn't maintain the standard of the warranty. Typically, the time period in which the Lemon Laws are applicable are relatively short; the flaws and ensuing repair efforts (or out-of-service period) typically must occur during the first two-years or 24,000 miles in which the purchaser owns the automobile. However, a number of states have even shorter time periods. Furthermore, many states have notification and activation prerequisites, such as expecting the consumer to send off registered post notice to the manufacturing business of the defects and presenting the car dealership an option to repair the motor vehicle. In addition, numerous states expect that Lemon Law claims be adjudicated through an arbitration procedure.

Generally, state Lemon Law ordinances also are applicable to leased cars and used cars purchased whilst under the manufacturing business* written warranty. A number of state Lemon Laws also are applicable to cars other than passenger cars. based upon the purchaser's home residence, or the state where the consumer purchased the vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer commodities (such as electronics)
There are a number of significant resolutions possible under the Lemon Laws. U.S. Statesally, if the manufacturing business just can't correct the car, the consumer can either demand the manufacturing business to replace the car, or force the manufacturing business to take back the car and repay the price paid including incidental costs, like all charges, towing charges, repair costs, associated travel charges and other damages incurred by the consumer as a consequence of the troubles in the vehicle. Another important solution possible under most Lemon Laws is litigation fees. In many states, if you prevail in a Lemon Law suit, you will not have to pay any legal fees-the motor vehicle manufacturer that sold you your lemon is forced to pay all of your court invoices.

The defendant automobile original equipment manufacturer can assert many defenses to a Lemon Law claim. The average regulation provides that the original equipment manufacturer is not guilty if it can demonstrate that the problems in question came about because of maltreatment, neglect, or the tampering or alteration of a motor vehicle by persons other than the original equipment manufacturer, its agent, or an authorized dealer. Restated, if the consumer maltreats his or her own motor vehicle, or the flaws were caused by changing or adjustments carried out by a third party, the original equipment manufacturer may not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer product warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and marketers of consumer goods to give consumers explanatory data about warranty coverage benefits. In addition, it determines both the rights of consumers and the obligations of warrantors under written warranties.

Even though the Magnuson Moss Act does not require an car manufacturing business to supply customers with a warranty, if a warranty is offered, the Magnuson Moss Act affords numerous protections for the consumer. The Magnuson Moss Act makes it easier for customers to sue for violating the warranty by making breach of warranty a violation of federal law, and by permitting purchasers to recuperate court costs and fair laywers' expenses.

The Magnuson Moss Act is oftentimes valuable in a lemon lawsuit in which, for some reason, a state Lemon Law claim is not possible or moreover unsuited. For example, unlike the generally short time offered to consumers with many Lemon Laws, you could file a claim for breach of warranty after the warranty period has expired as long as the defects came about during the warranty time period. Also, although some Lemon Laws limit their coverage benefits to a very specific list of automobiles, the Magnuson Moss Act is relevant to virtually all consumer goods. The Magnuson Moss Act may also apply if you bought or leased a expended automobile without a manufacturer's warranty, or if the automobile is covered by a service contract or other variety 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 regulating product contracts, including vehicles and other items. The UCC provides an alternative legal avenue for customers with lemon troubles.

UCC code says that the consumer of a good is entitled to return product that do not perform in any regard to the consumer warranty. So, if your brand new item doesn't work as warranted by the manufacturing business (your written warranty is part of your agreement), you can have a claim citing the UCC in addition to any additional claims you may have.

The time for rejecting a car with the UCC is not unlimited. If you observe a gremlin in your car inside a reasonable inspection time period, you may refuse the motor vehicle. Unfortunately, brand new automobiles are frequently technically enigmatic and you might not notice if your car conforms to the agreement till long after you purchase the car and problems begin to come up. In essence, if Following this inspection time you don't take back the car, you will be stated to have o.K.ed it and may have no claim through the UCC.

The length of the review time period is not delineated in the statute. The Courts decide how long the reasonable inspection period is based on the consumer's expertise and experience, the consumer's difficulty in revealing the flaw, and the consumer's chance to observe the flaw.

In spite of this limit, the UCC provides that in certain examples where a buyer is alleged to have approved of goods (i.e. the reasonable inspection time period has elapsed), a buyer may still disclaim his acceptance of those product where the non-conformity often impares the marketability of the product to him. Those cases include lawsuits in which it proves laborious to detect the nonconformity or the buyer was assured that the non-conformity would be fixed. Put differently, the court will pardon the buyer from not having rejected the product where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a motor vehicle excessively gives out and you have to keep bringing it back to the car dealership for repair under the warranty, the car lemon law might be your next course of action. The deficiency must be significant where it prohibits your driving the automobile or your safety. A automobile stalling perpetually would be a significant deficiency. This is precisely the type of problem that may diminiah your driving and your safety. Under the automobile lemon law you are not expected to establish why the auto is stalling, you simply have to establish that it is stalling. In essence you need to go over the lemon law in these 3 cases: the auto keeps dying inside the warranty time period, the auto is a safety risk, the dealership is not able to fix the auto when it is guaranteed.

If you have a vehicle which is a lemon you can immediately write to the maker and ask for another equivalent vehicle. If this requirement is not satisfactory to the maker, you could enter into an arbitration process. A few makers incorporate their own arbitration program. Other makers employ external arbitration program including Autoline by the BBB. The opinion of the arbitrators is binding on the maker but not on the buyer. If unsatisfied with the assessment, the buyer can take the maker to court.

Virtually all regulations state that the buyer needs to be returned back to the fiscal situation they were in prior to purchasing the vehicle, less the measure that the buyer gained from by using the vehicle. To get the repayment 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 automobiles will qualify under regular lemon laws. For example, a pre-owned auto may fall under normal lemon laws if it is less than 1 year old and has got less than 12,000 miles on the odometer. States that do have a used auto lemon law will be additionally cooperative with the age and amount of mileage. Still, the auto needs to be sold by a dealership that provides a warranty. Private party sales aren't governed, nor are vehicles sold under a certain price paid. There could be other restrictions to a used car lemon law such as the proposes in which the vehicle is driven or the categorisation of vehicle. Older vehicles, are normally excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter period than brand new car regulations. They often range from 30 to 90 days, depending on your used vehicle's mileage.
When picking out an attorney for your lemon case, make sure that your lawyer is knowledgeable about the laws that cover to your state. Also enquire about the pricing system. Many lemon law attorneys take a rather modest retainer to manage a lemon law claim, and afterward, the attorney's invoices are sent to the manufacturing business. Essentially, lemon law claims are ordinarily very low-cost to purchasers. The reimbursement of attorney charges varies from state to state. About one-half of the states provide for you to recoup your Attorney expenses if you win. The lawyer's fee is based upon actual time logged instead of being tied to any other share of the recovery. In many States, you will pay the manufacturing business* lawyer's charges if you lose.

Consumers should record their complaints in writing and keep a copy. In every written correspondence, always delineate how difficult it is to take the automobile to the dealer for corrections and that the reliability that the purchaser thought He was receiving has been non-existent. Any written correspondence with a dealership or manufacturing business needs to be sent using certified post. In most situations the makers claim that they haven't had the essential number of efforts to remedy the defect. They count on the reality that the purchaser doesn't keep repair receipts for each time they have taken the auto into the dealership. They also assume on the fact that the repair receipts have seperate parts repaired each period proving that they haven't repaired the same problem. Consumers should respond by asking that authorized dealerships always send them a warranty repair order. Consumers must also reason that these unrecorded visits are tries.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately page through your owner's folder and warranty references entirely, and the info concerning lemon law rights that you ought to receive when you purchase your automobile. Don't rely on your dealer to explain which defects are covered by warranty. If your dealer states that a problem isn't covered and you believe that he or she is decieving you, be composed but self-assertive. Don't be frighted to bring out the segment of the warranty that applies, or to call the original producer for verification using the contact data included in your owner's folder. You shouldn't be obliged pay for corrections associated to lemon law complaints. It's also important to give notice the original producer of a complaint promptly. If you think that your automobile has a defect what can't 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.

Maryland Cities:
Choose your City/Zipcode