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 provide that if you purchase (and in some states, lease) a new or used vehicle or other car covered by a manufacturer's warranty that repeatedly breaks down, and the original equipment manufacturer cannot repair it even with recurring tries (within a fixed time limit that differs from state to state), or if the product is not drivable for a specified period (generally 30 days) because of its faults, you are qualified to a broad range of dismantles, including:

1. Monetary restitution
2. A restitution of the original price
3. A brand new automobile
Also, almost all of the Lemon Laws (as well as the Federal Warranty Law) have a fee shifting component that says that if you win your lawsuit, the manufacturer or car dealership which sold you your lemon is obligated to repay court fees.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Although the verbiage of each state's statute vary, the common state Lemon Law statute extends assistance for owners with a unsound motor vehicle purchased with a warranty if:

1. The dealer or manufacturer cannot rightly correct a specific flaw in the product after a sensible number of repair attempts (typically at least three);
2. The motor vehicle cannot be driven for at least 30 days due to faults in the car; or
3. The car dealership or manufacturer cannot repair a flaw that is a considerable safety hazard.

Typically, a bad car is a car with a defect or trouble that considerably impairs its function, value, or safety to the consumer and doesn't comply with the warranty. Typically, the period in which the Lemon Laws apply are relatively short; the faults and consequential repair attempts (or out-of-service time) generally will take place during the first two-years or 24,000 miles the owner has the motor vehicle. However, a number of states have even shorter periods. In addition, many states have notice and trigger prerequisites, such as requiring the consumer to send registered post notice to the maker of the faults and affording the car dealership an opportunity to remedy the vehicle. Additionally, most states expect that Lemon Law lawsuits be resolved through an arbitration system.

Generally, state Lemon Law ordinances also apply to leased automobiles and used cars bought while under the manufacturing business* original warranty. A number of state Lemon Laws also are applicable to automobiles other than passenger vehicles. depending upon the consumer's home state, or the state in which the consumer purchased the automobile, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer products (like computers)
There are a number of effective remedies available under the Lemon Laws. U.S. Statesally, if the maker just can not correct the car, the consumer may either demand the maker to replace the vehicle, or force the original equipment manufacturer to take back the vehicle and repay the original price paid along with accompanying damages, such as all invoices, towing costs, repair charges, alternative transportation costs and other costs incurred by the consumer as a consequence of the shortcomings in the vehicle. Another important solution possible under most Lemon Laws is attorneys' fees. In many states, if you prevail in a Lemon Law case, you do not have to pay any litigation bills-the motor vehicle original maker that sold you your lemon is expected to pay all of your legal expenses.

The defendant automobile original equipment manufacturer can use many defenses to a Lemon Law claim. The common regulation affords that the maker is not guilty if it can verify that the shortcomings at issue happened due to maltreatment, negligence, or the modification or alteration of a car by anybody other than the original equipment manufacturer, its agent, or an authorized dealership. Put differently, if the consumer maltreats his or her own automobile, or the defects were the fault of tampering or alterations performed by an unauthorized dealer, the original equipment manufacturer could not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer merchandise warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturers and vendors of consumer products to provide consumers with comprehensive information about warranty coverage. Additionally, it determines both the rights of customers and the obligations of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act doesn't call for an automobile original equipment manufacturer to supply buyers with a warranty, if a warranty is offered, the Magnuson Moss Act offers numerous protections for the consumer. The Magnuson Moss Act makes it more easy for customers to sue for breaking the warranty by making breach of warranty an infraction of federal law, and by allowing public consumers to recoup legal charges and reasonable attorney's expenses.

The Magnuson Moss Act is frequently relevant in a lemon case in which, for some reason, a state Lemon Law claim is not available or moreover unfavorable. For instance, contrary to the rather short period provided to purchasers with almost all Lemon Laws, you could bring 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 a few Lemon Laws limit their coverage benefits to a small list of cars, the Magnuson Moss Act is relevant to just about all consumer goods. The Magnuson Moss Act may also be applicable if you purchased or leased a preowned vehicle without a manufacturing business warranty, or if the vehicle 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 prime basis of law regulating consumer warranties, including motor vehicles and other items. The UCC provides an alternative legal avenue for consumers with lemon troubles.

UCC code says that the purchaser of a good is entitled to return products that break in any way to the agreement. Basically, if your brand new car does not operate as pledged by the original maker (your manufacturer warranty is a portion of your warranty), you may have a claim referencing the UCC in addition to any additional claims you might have.

The period of time for bringing back a car with the UCC is not unlimited. If you discover a problem in your motor vehicle within a fair posession period, you can return the motor vehicle. Unfortunately, new motor vehicles can be typically technically complex and you might not know whether your automobile conforms to the contract until after you acquire the automobile and troubles begin to come up. In essence, if Long after this posession time period you do not reject the automobile, you will be deemed to have approved of it and will have no claim through the UCC.

The length of the review period is not delineated in the regulation. Courts decide how long the sensible review period is based on the consumer's familiarity and past experience, the consumer's difficulty in coming upon the problem, and the consumer's opportunity to see the deficiency.

In spite of this limitation, the UCC stipulates that in certain examples where a buyer is said to have accepted products (i.e. the sensible review time has expired), a buyer may still revoke his favorable reception of those products where the non-conformity substantially degrades the marketability of the products to him. Those cases include circumstances in which it was laborious to notice the nonconformity or the buyer was told that the non-conformity would be remedied. In different words, the court will relieve the buyer from not rejecting the products where the buyer 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 dealership for repair under the warranty, the automobile lemon law might be your next recourse. The deficiency must be substantial where it impedes your driving the motor vehicle or your safety. A motor vehicle stalling frequently is a substantial deficiency. This is exactly the type of problem that may stymie your driving and your safety. Under the auto lemon law you are not required to establish why the motor vehicle is stalling, you just have to demonstrate that it is stalling. Put simply you need to check up on the lemon law in these 3 cases: the motor vehicle keeps dying inside the warranty period, the motor vehicle is a safety hazard, the car dealership is incapable to recondition the motor vehicle when it is guaranteed.

If you own a vehicle which is a lemon you can immediately write to the original maker and ask for a replacement vehicle. If this requirement is not acceptable to the original maker, you can start into an arbitration program. A few makers have their own arbitration process. Other makers utilize external arbitration program like Autoline by the Better Business Bureau. The proposition of the arbitrators is binding on the original maker but not on the purchaser. If unsatisfied with the proposition, the purchaser can take the original maker to court.

Virtually all laws stipulate that the buyer should be restored back to the financial status they were in before they purchased the automobile, less the amount that the buyer profited from by using the automobile. To get the payback total numerous factors 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 normal lemon laws. For example, a pre-owned motor vehicle might fall under normal lemon laws if it is less than 1 year old and has less than 12,000 miles on the odometer. States which do have a pre-owned motor vehicle lemon law might be additionally generous with the age and amount of mileage. Still, the car needs to be sold by a dealership that provides a warranty. Private party sales are not included, nor are automobiles sold under a declared original cost. There could be other restrictions to a used car lemon law such as the purposes in which the automobile is pre-owned or the categorisation of automobile. Older cars, are commonly excluded from used car lemon laws. Used car lemon laws ordinarily cover a much shorter period of time than brand new car ordinances. They frequently range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When picking out a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that cover to your state. Also enquire about the fee program. Many lemon law lawyers call for a relatively minor retainer to manage a lemon law claim, and thenceforth, the lawyer's bills are charged to the original equipment manufacturer. Thus, lemon law claims are oftentimes very inexpensive to consumers. The reimbursement of attorney expenses differs from state to state. About half of the states permit you to recoup your Lawyer expenses if you win. The attorney's fee is based upon actual time spent rather than being tied to any portion of the recuperation. In many States, you will pay the manufacturer's lawyer's bills if you lose.

Consumers should place their concerns in writing and retain a copy. In any written correspondence, always describe how problematic it is to return the car to the dealer for corrections and that the reliability that the owner thought He was receiving has been non-existent. Any written correspondence with a dealership or original equipment manufacturer must be sent using certified post. In virtually all suits the makers claim that they haven't had the requisite number of attempts to remedy the problem. They bet on the knowledge that the owner doesn't retain repair tickets for each occurance they have taken the automobile into the shop. They also depend on the fact that the repair tickets have different items repaired each period proving that they have not fixed the same defect. Consumers ought to reply by expecting that sellers always hand them a warranty repair order. Consumers ought to also debate that these unwritten trips are efforts.

Make sure to be knowledgeable of your lemon law rights. Upon purchase, immediately scan your owner's binder and warranty principles entirely, along with the reference with respect to lemon law rights which you ought to get when you choose your motor vehicle. Don't count on your dealer to describe what problems are covered by warranty. If your dealer states that a defect is not covered and you think that she is being deceptive, be composed but confident. Don't be scared to go over the segment of the warranty that applies, or to call the original producer for verification utilizing the contact information included with your owner's binder. You shouldn't be obliged pay for corrections connected to lemon law complaints. It's also important to notify the original producer of a complaint right away. If you believe that your automobile has a condition what just can not be repaired, look into your lemon law rights to see when you are able to submit 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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