How does the lemon law process work in Maryland?
Maryland's lemon law process is enforced through civil court, preceded by mandatory manufacturer informal dispute resolution.
1. Governing Statute
Md. Code Ann., Com. Law §§ 14-1501 through 14-1504 (Automotive Warranty Enforcement Act). Consumer assistance through the Maryland Attorney General's Consumer Protection Division.
2. Coverage
Covers new motor vehicles, including motorcycles, registered in Maryland with a GVWR of 10,000 lbs or less. Demonstrators and leased vehicles are covered. Excludes motor homes (entirely), used vehicles, and vehicles over 10,000 lbs GVWR.
3. Lemon Presumption
Under § 14-1502(c), a reasonable number of attempts is presumed within the Warranty Period (the earlier of 24 months from delivery or 18,000 miles) when: (a) the same nonconformity has been subject to repair 4 or more times, (b) one attempt has been made to repair a braking or steering failure likely to cause death or serious bodily injury, or (c) the vehicle is out of service for repair 30+ cumulative days.
4. Notice to Manufacturer
The consumer must give the manufacturer written notice of the alleged defect by certified mail. The manufacturer has 30 days to make any needed corrections (§ 14-1502(c)(3)).
5. Manufacturer's Buy-Back / Replacement
At the consumer's option, manufacturer must replace with a comparable new vehicle or refund the full purchase price (including taxes, registration, dealer add-ons, finance charges) minus a reasonable allowance for use (statutory formula: 15% of price or 15 cents per mile, whichever less).
6. Arbitration
If the manufacturer has a state-certified informal dispute settlement procedure (e.g., BBB AUTO LINE), the consumer must first resort to it before commencing court action (§ 14-1502(g)). Decision binds only the manufacturer.
7. Lawsuit & Fee-Shifting
A prevailing consumer recovers reasonable attorney's fees (§ 14-1503). Parallel claims under Magnuson-Moss (15 U.S.C. § 2310(d)) and the Maryland Consumer Protection Act (Com. Law § 13-101) are commonly added.
This is legal information, not legal advice.
- Braking/steering safety defect repair attempt was denied as lemon
- Manufacturer's certified arbitration unfavorable
- Maryland Consumer Protection Act claim for punitive damages
- Md. Code Ann., Com. Law §§ 14-1501 to 14-1504 (Automotive Warranty Enforcement Act)
- Md. Code Ann., Com. Law § 13-101 (Consumer Protection Act)
- 15 U.S.C. § 2301 (Magnuson-Moss)
- 16 CFR Part 703
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.