Maryland’s lemon laws protect those who lease or purchase vehicles that are registered in the state. The lemon laws work to ensure that if you purchase or lease a faulty vehicle with a significant defect, you are able to return it for a refund of your purchase price or the replacement of your vehicle with one of equal or greater MSRP. There are certain caveats that must be followed, so it is important to seek legal guidance.
The lemon laws also provide for the payment of attorney fees and costs should you prevail, so there’s no reason not to contact one of our experienced attorneys today for a free consultation.
Maryland Lemon Law Requirements: What Defines a Lemon Car
Under Maryland lemon laws, a leased or new car may qualify as a lemon if it meets the following requirements. As such, used cars are not covered. However, if your new motor vehicle does not technically meet the definition for all requirements, you still may be able to seek compensation if it is defective. Read the full list of lemon law requirements below.
New Car Lemon Law
- You may qualify if you buy or lease a car, light-duty truck or motorcycle
- The defect must arise within the first two years or eighteen thousand miles. Whichever occurs first, extinguishes your lemon law rights.
- The defect must be unable to be repaired within a reasonable amount of time or a reasonable number of attempts.
- It is presumed that it has been an unreasonable amount of time to repair a car if it is out of service a cumulative total of 30 days or greater.
- An unreasonable number of attempts is four visits to the dealership and the problem continues to exist.
- If a defect arises related to a brake or steering failure that causes the vehicle to fail Maryland state inspection, the manufacturer has one chance to fix the defect.
- The vehicle’s use and value must be substantially impaired by the problem.
- All repairs must be performed at an authorized dealership.
- A letter via certified mail, return receipt requested must be sent to the manufacturer to notify them of the lemon law claim.
Breach of Warranty
- Breach of Warranty is very similar to lemon law; however, the requirements are less strict.
- The defect is only required to arise within the manufacturer’s original warranty period.
- The defect must be unable to be repaired within a reasonable amount of time or number of attempts.
- There is no real definition of either, but it is generally considered to be 30 cumulative days out of service or 3 or more visits to the dealership.
- The nonconformity can be anything – it does not have to impair the vehicle’s safety – it simply has to be a warrantable defect that either cannot be or was not repaired in a reasonable amount of time.
- Even if the problem is ultimately fixed, you may still have a claim if it took them too long to repair it.
Exceptions to Maryland State Lemon Law and Breach of Warranty
- Commercial vehicles, motor homes and fleet vehicles are not included under lemon law, but may be covered under breach of warranty.
- Extended warranties and service contracts are excluded from breach of warranty claims. The issue must be covered under the original manufacturer’s warranty.
- A consumer has three years from the date of the vehicle’s original delivery to bring a claim.
- Action on a leased vehicle must be commenced within one year after the termination of the lease.
Maryland Lemon Law Cases
The Robison Lemon Law Group has been successful in getting a repurchase or replacement vehicle for consumers whose vehicles exhibited electrical defects, engine failures, power steering errors, transmission problems and suspension defects. Each lemon law case is unique, but our experienced attorneys are always ready to evaluate your case and explain under which law you have the greatest chance of to get compensation for your claim.
Get a FREE Case Evaluation When You Speak to a Maryland Lemon Law Attorney
Maryland's Lemon Laws can be complicated and very specific about when you visit the dealership for the defect. It can be difficult to ensure that you fulfill all the requirements without the best guidance. Talk to an experienced lemon law attorney today for a free case evaluation to ensure that your rights are protected.
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