Lemon Law in Maryland
In uncertain economic times, Maryland residents wishing to purchase an automobile want reliability and certainty when they make such a purchase. However, there are cases of manufacturers and dealers selling defective products, often with defects that don’t reveal themselves until after the purchase. To this end, Maryland has Lemon Laws in place that protect consumers. If you have such an occurrence you may want to seek out an experienced Maryland lemon law attorney.
What Is a Lemon Law?
Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any lemon law to apply, the automobile must suffer from a defect. This problem should be outside the purchaser’s control, like a manufacturer issue. Furthermore, lemon laws apply if a certain number of reasonable repairs happened to the vehicle in question to no avail.
When Do Maryland Lemon Laws Apply?
Lemon laws only apply when the vehicle in question is under warranty. This restriction does not mean it has to have a new guarantee. There are often dealership warranties attached to certified used cars. Under the federal lemon law requirements, conditions must meet the following criteria:
- The manufacturer attempted to fix the issue on several occasions. Note that the number of conditions that merit a lemon law application can vary based on the court’s opinion.
- There have been attempts to address the issue(s) in question within the first two years of owning and operating the vehicle.
- The car has been out of service for at least 30 days. Note that the days do not have to be consecutive.
How Do You Ensure the Application of Lemon Laws?
There are some common practices that you can take that better position you when citing lemon law:
- You should only take the vehicle in question to the corresponding dealership for repairs. By taking it there, you establish credibility by showing the responsible party attempted to address the issue. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot be held liable for any attempts made to fix the problem.
- Keep accurate and detailed records of any repairs made. This way, if your case goes to trial, have accurate logs that detail the manufacturer’s opportunities to fix the mechanical issues. This detail also helps build a timeline of how long you could not use your vehicle.
Lemon law statutes vary by state. You should research the lemon law requirements in Maryland to ensure you remain within the legal confines.
The Maryland Attorney General provides complaint forms for those residents wishing to file a lemon law complaint. Maryland’s Lemon laws only apply to cars, light trucks, and motorcycles:
- Registered in Maryland
- Owned less than 24 months
- Driven less than 18,000 miles
Its important to know that dealers and manufacturers are given time to repair any defect or nonconformities in the automobile. However, a car is designated a lemon if it has:
- Break or steering defects that were not repaired after the first attempt
- Defects that cause substantial damage or decrease in value that cannot be repaired after 4 attempts
- Problems that cause the vehicle to be out of use for 30 days or more.
What Exactly Are Consumers Entitled To Under Lemon Laws?
You have a legal entitlement to a replacement vehicle or refund if Maryland lemon laws apply. However, manufacturers may deduct a fee in proportion to the miles the owner put on the car or truck before it became unusable. This compensation should include:
- Down payment
- Registration
- Taxes
- Car rentals
- Monthly payments
- Tow expenses
- Attorney costs
Do Lemon Laws Apply to Used Vehicles?
Lemon laws can apply to used vehicles. However, this is for written warranties distributed along with the vehicle upon sale. Often, a used car dealership sells vehicles with a portion of the guarantee remaining. This situation incentivizes the purchase and (allegedly) puts the buyer’s mind at ease.
The Maryland Department of Motor Vehicles affirms that Maryland’s Lemon Laws apply to used as well as new cars. However, if a used car is a lemon in Maryland, a complaint must be filed within 60 days of the customer taking delivery of the car.
When Should You Hire a qualified Maryland Lemon Law Attorney?
Have you attempted to have your vehicle repaired at the dealership? Consumers should consider legal action when it doesn’t work for 30 days. If you can’t resolve the issue with the manufacturer, it may be time to bring in an experienced Maryland lemon law attorney.
How Does the Lemon Law Litigation Process Work?
Consumers can expect to go through a series of motions by bringing in an experienced Maryland lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most Maryland lemon law attorneys, you can expect the following:
- Free Case Evaluation – Attorneys should review your case for free. They will determine its merit and whether you have a justifiable claim.
- Filing Your Claim – Your Maryland legal representative should handle filing a claim with the manufacturer after determining the facts.
- Further Action – Your vehicle’s manufacturer may refuse to comply with the claim under federal and state statutes. Then your attorney files suit to seek entitled compensation on your behalf.
- Pursuing Settlement – The manufacturer should cover all costs and fees if you achieve a settlement before trial. This compensation will often include attorney fees.
- Contingency Fee Basis – At the end of the ordeal, clients should not have to pay for attorney’s fees. Even if you ultimately lose your case, a reputable Maryland law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.
Maryland Lemon Laws entitle you to free repairs from the manufacturer or dealer. However, there may be an instance where a manufacturer or dealer does not comply with the law. In that case you’ll be required to file a suit against them. The People’s Law Library of Maryland states that any resident seeking to file suit under the state’s lemon laws must do so within 3 years of taking delivery. You’ll also need to prove that the car is defective. This may be when you want to have an experienced Maryland lemon lawyer by your side.
Work With an Experienced Local Lawyer In Maryland
Do you need immediate help? Then one of our experienced lawyers in Maryland can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across Maryland state lines!
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