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.

Generally, the Lemon Laws stipulate that if you purchase (and in some states, lease) a new or pre-owned vehicle or other car with a warranty that does not work consistently, and the original maker cannot correct it despite repeated efforts (inside a fixed time that varies from state to state), or if the product is not usable for a designated time (often 30 days) due to its faults, you are qualified to a broad number of damage settlements, including:

1. Money restitution
2. A return of the original money paid
3. A new automobile
Additionally, virtually all the Lemon Laws (and the Federal Warranty Law) feature a fee switching element which stipulates that if you win your suit, the original maker or dealership which sold you the lemon is required to repay legal expenses.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Although the wording of each state's statute differ, the typical state Lemon Law statute extends help to a consumer with a defective motor vehicle sold with a warranty if:

1. The car dealership or original maker cannot accurately correct a specific problem in the car after a reasonable number of repair efforts (normally at least three);
2. The motor vehicle cannot be driven for at least 30 days due to flaws in the car; or
3. The car dealership or original maker cannot fix a failing that is a endangering safety risk.

Most of the time, a bad motor vehicle is a motor vehicle with a condition or trouble that often impares its use, economic value, or safety to the consumer and does not conform to the warranty. In most instances, the time period during which the Lemon Laws are applicable are rather short; the troubles and ensuing repair attempts (or out-of-service period of time) generally will happen during the first 2-years or 24,000 miles in which the purchaser owns the car. However, a number of states have even shorter time periods. Also, many states have notice and activation requirements, such as expecting the consumer to send off registered mail notice to the original producer of the flaws and establishing the car dealership a chance to correct the vehicle. Furthermore, some states expect that Lemon Law suits be settled through an arbitration system.

Generally, state Lemon Law regulation codes also apply to leased automobiles and preowned vehicles bought whilst under the manufacturer's written warranty. A lot of state Lemon Laws also apply to automobiles other than passenger cars. depending upon the purchaser's home residence, or the state where the consumer bought the car, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer items (such as electronics)
There are many powerful solutions possible under the Lemon Laws. In most instances, if the manufacturer just can not fix the vehicle, the consumer may either expect the manufacturer to replace the car, or force the manufacturer to take the car and return the purchase price plus incidental costs, such as all invoices, towing charges, repair charges, associated transportation costs and other costs incurred by the consumer as a result of the flaws in the car. Another important solution available under most Lemon Laws is laywers' expenses. In almost all states, if you win in a Lemon Law lawsuit, you do not have to pay any litigation fees-the motor vehicle original producer that sold you your lemon is obligated to pay all of your attorneys' invoices.

The defendant auto original equipment manufacturer can employ assorted defenses to a Lemon Law claim. The conventional regulation affords that the original equipment manufacturer is not liable if it can show clearly that the shortcomings in question happened due to exploitation, carelessness, or the alteration or modification of a vehicle by anyone other than the manufacturer, an agent, or an authorized repair facility. In different words, if the consumer dismantles his or her own vehicle, or the shortcomings were a consequence of modifications or alterations executed by an unauthorized person, the manufacturer may not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer goods warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturing business and vendors of consumer goods to give customers explanatory information about warranty coverage benefits. Additionally, it sets both the rights of customers and the obligations of warrantors under written warranties.

Although the Magnuson Moss Act doesn't demand an automobile manufacturer to provide buyers with a warranty, if a warranty is offered, the Magnuson Moss Act affords several 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 noncompliance of federal law, and by permitting public consumers to recover legal charges and sensible attorneys' fees.

The Magnuson Moss Act is often helpful in a lemon case in which, for some reason, a state Lemon Law claim is unavailable or moreover unsuited. For example, unlike the relatively short time provided to public consumers with almost all Lemon Laws, you could bring a claim for breach of warranty after the warranty period has passed if the problems occurred during the warranty time period. Furthermore, although many Lemon Laws restrict their coverage benefits to a narrow group of motor vehicles, the Magnuson Moss Act applies to nearly all consumer products. The Magnuson Moss Act might also apply if you purchased or leased a used automobile without a manufacturer's warranty, or if the automobile 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 ratified in all 50 U.S. States. It is the prime agent of law regulating contracts dealing with the sale of products, including automobiles and other items. The UCC provides an alternative legal course for public consumers with lemon problems.

UCC code says that the buyer of a good is entitled to return products that do not perform in any respect to the agreement. Basically, if your new product doesn't work as warranted by the original equipment manufacturer (your manufacturer warranty is a portion of your contract), you can have a claim referencing the UCC in addition to whatever additional claims you might have.

The time period for rejecting a motor vehicle with the UCC is not unlimited. If you identify a fault in your car within a sensible posession period, you can return the car. Unfortunately, brand new motor vehicles can be often technically complex and you might not know if your motor vehicle conforms to the consumer agreement until long after you buy the motor vehicle and defects start to arise. Basically, if Following this posession period you fail to refuse the motor vehicle, you will be pronounced to have approved of it and will have no claim through the UCC.

The length of the inspection time period is not defined in the statute. Courts determine how long the reasonable review period is based on the consumer's knowledge and personal experience, the consumer's difficulty in seeing the fault, and the consumer's chance to identify the defect.

In spite of this limitation, the UCC says that in certain cases where a consumer is pronounced to have accepted goods (i.e. the reasonable review time period has passed), a consumer may still disclaim his acceptance of those products where the non-conformity considerably degrades the economic value of the products to him. Those cases include suits in which it proves laborious to notice the nonconformity or the consumer was guaranteed that the non-conformity would be remedied. Re-stated, the court will relieve the consumer from not having rejected the products where the consumer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a car excessively gives out and you have to keep bringing it back to the car dealership for repair under the warranty, the auto lemon law might be your next recourse. The deficiency ought to be significant in which it hinders your driving the automobile or your safety. A automobile stalling often is a significant deficiency. This is precisely the type of condition that can hamper your driving and your safety. Under the auto lemon law you are not expected to demonstrate why the vehicle is stalling, you only have to demonstrate that it is stalling. Essentially you need to check the lemon law in these three examples: the vehicle keeps breaking inside the warranty time period, the vehicle is a safety risk, the dealership is incapable to fix the vehicle when it is guaranteed.

If you own a car which is a lemon you can directly write to the manufacturer and ask for another equivalent car. If this request is not satisfactory to the manufacturer, you can start into an arbitration process. A few manufacturers use their own arbitration program. Other manufacturers utilise third party arbitration program like Autoline by the BBB. The opinion 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 specify that the customer must be returned back to the fiscal position they were in before they purchased the vehicle, less the amount that the customer gained from by using the vehicle. To get the repayment sum several components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new used cars will qualify under normal lemon laws. For example, a pre-owned vehicle might fall under normal lemon laws if it is less than one year old and has fewer than 12,000 miles on the odometer. States which do have a pre-owned vehicle lemon law will be additionally cooperative with the age and measure of mileage. Still, the car needs to be sold by a dealership that supplies a warranty. Individual sales aren't involved, nor are cars sold under a specific purchase price. There could be additional restrictions to a used car lemon law such as the functions for which the vehicle is driven or the categorisation of vehicle. Older automobiles, are usually excluded from used car lemon laws. Used car lemon laws ordinarily cover a much shorter period than brand new car ordinances. They frequently range from 30 to 90 days, based on your pre-owned car's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that apply to your state. Also enquire about the fee program. Many lemon law lawyers need a generally small retainer to cover a lemon law claim, and thereafter, the lawyer's invoices are sent to the original producer. Basically, lemon law claims are commonly very low-cost to consumers. The reimbursement of lawyer bills differs from state to state. About half of the states allow you to recoup your Lawyer invoices if you win. The attorney's fee is based on actual time expended rather than being tied to any portion of the recuperation. In some States, you have to pay the manufacturer's attorney's invoices if you lose.

Consumers ought to register their charges in writing and keep a copy. In every written correspondence, always make clear how problematic it is to return the vehicle to the dealership for work and that the reliableness that the consumer thought He was acquiring has been non-existent. Any written correspondence with a dealership or original producer needs to be sent using certified postal service. In virtually all instances the manufacturers claim that they have not had the requisite number of tries to fix the defect. They bet on the reality that the consumer does not have repair receipts for each occurance they have driven the automobile into the repair facility. They also count on the fact that the repair receipts have different things fixed each instance evidencing that they have not repaired the same defect. Consumers should reply by requiring that authorized dealerships always give them a warranty repair sheet. Consumers should also reason that these unrecorded trips are efforts.

Make sure to be cognisant of your lemon law rights. Upon purchase, immediately scan your owner's binder and warranty info thoroughly, and the data with respect to lemon law rights that you ought to get when you buy your vehicle. Don't rely on your dealership to teach you which defects are covered by warranty. If your dealership states that a defect is not covered and you believe that he or she is decieving you, be civilized but confident. Don't be frighted to point out the part of the warranty that applies, or to call the manufacturer for substantiation using the contact information included within your owner's binder. You shouldn't be obligated pay for work related to lemon law complaints. It's also important to advise the manufacturer of a complaint straightaway. If you suspect that your vehicle has a condition what cannot be fixed, check out 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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