Lemon Law in Maryland
Lemon laws in the state of Maryland are based on the federal lemon law known as the Magnuson-Moss Warranty Act. This specific act provided compensation to consumers inside the state borders of Maryland who have purchased trucks, automobiles, or other vehicles. The vehicles that qualify under Maryland law include recreational vehicles, motorcycles, boats, and consumer appliances such as computers.
The most common occurrence of lemon law use is in motor vehicles. Lemon law states that if a consumer product has a defect directly from the factory then the consumer has the right to demand compensation from the agent, dealer, or manufacturer that sold the product. Compensation will either include refund, cash compensation, or replacement. Those seeking for lemon compensation are required to file through legal documents.
Only certain motor vehicles qualify for compensation in the state of Maryland. These vehicles must still be under the motor vehicle’s express warranty from the manufacturer. In the one-year time frame the motor vehicle must have undergone repair attempts for the same defect three or four times. This number is called a reasonable number of attempts. If the vehicle is out of service for a total of thirty days while under the express warranty and while receiving attempted repairs, the consumer is eligible for a repair attempt by the dealer or manufacturer.
The state of Maryland separates which motor vehicles are allowed to receive lemon repairs from those that are ineligible. These divisions include classes: passenger vehicles are class A, motorcycles are class D, trucks are class E, and multipurpose vehicles are class M.
Under federal law manufacturers are required to make an attempted repair on a motor vehicle if the proper documentation has been provided and the vehicle is still under warranty. Documentation must include the number of repair attempts and their paperwork. A defect is required to impede the safety of the driver–such as a seatbelt or break malfunction–or impede the standard market value of the vehicle. Cosmetic defects or radio defects will not qualify for lemon laws.
When the manufacturer, agent, or dealer makes an attempted repair, they must return the motor vehicle to its standard manufacturer condition. If within thirty calendar days this is not done or the vehicle cannot be properly repair to the manufacturer’s standard the consumer will receive compensation.
Compensation can come in three forms: replacement, refund, or compensation. If the motor vehicle cannot be returned to its manufacturer standard the consumer may choose to have the vehicle replaced. A replacement vehicle will include any vehicle of the same market value. If a replacement vehicle is declined refund is possible. All refunds will include the purchasing price of the motor vehicle, registration fees, taxes, government fees, licensing fees, and all other fees required with purchasing a new motor vehicle.
Compensation may be altered if the motor vehicle displays abuse or neglect. If the motor vehicle has been cosmetically altered through paint or other addition, the manufacturer, agent, or dealer is not required to refund the costs.