Key takeaways
- Protection period: term of the express warranty, 3 years from original delivery, or the first 18,000 miles, whichever occurs earliest.
- Repair attempts: same nonconformity subject to a repair attempt 3 or more times within the protection period and the nonconformity continues to exist.
- Days out of service: cumulative total of 15 or more business days out of service for repair.
- The law is Me. Rev. Stat. tit. 10, §§ 1161 to 1169. Read it with your repair orders and your warranty in front of you.
On this page
Maine's lemon law is Me. Rev. Stat. tit. 10, §§ 1161 to 1169, the Maine Lemon Law (Manufacturer Warranties on Motor Vehicles). It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
Maine lemon law at a glance
| Statute | Me. Rev. Stat. tit. 10, §§ 1161 to 1169 |
|---|---|
| Official name | Maine Lemon Law (Manufacturer Warranties on Motor Vehicles) |
| Vehicles covered | Motor vehicles designed to carry passengers or property on public highways that are sold or leased in Maine. Excludes vehicles used primarily for commercial purposes with a gross vehicle weight of 8,500 pounds or more; governmental entities and businesses registering 3 or more vehicles are not 'consumers'. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | Term of the express warranty, 3 years from original delivery, or the first 18,000 miles, whichever occurs earliest. |
| Repair attempts | Same nonconformity subject to a repair attempt 3 or more times within the protection period and the nonconformity continues to exist. |
| Serious safety defects | Same nonconformity resulting in a serious failure of the braking or steering system and subject to a repair attempt one or more times. |
| Days out of service | Cumulative total of 15 or more business days out of service for repair. |
| Notice to the manufacturer | Consumer must notify the manufacturer or authorized dealer in writing of the desire for a refund or replacement; the manufacturer then has 7 business days after receipt for a final repair opportunity. Written notice is required only if the manufacturer clearly disclosed the requirement in the warranty or owner's manual. |
| Dispute programs | If the manufacturer has a 16 C.F.R. Part 703-compliant informal dispute program, the consumer must first use it or state-certified arbitration before the refund/replacement remedy applies. Maine runs a state-certified arbitration program through the Attorney General; manufacturers must submit to it if requested within 3 years of delivery or the warranty term, whichever comes first. |
| Remedies | Replacement with a comparable vehicle or refund (consumer may reject a replacement and take a refund) of the full purchase price or lease payments, finance charges, collateral charges, and towing, storage and alternative transportation costs, less a reasonable allowance for use. The use allowance cannot exceed the lesser of 1/3 of the IRS business mileage rate (based on mileage at the arbitration application) plus mileage beyond 20,000 miles, or 10% of the purchase price. |
| Attorney's fees | Yes. A court may award reasonable attorney's fees and costs to a consumer who successfully enforces the chapter (§ 1167); a prevailing consumer in an appeal of state arbitration must be awarded fees and costs (§ 1169(5)). |
| Used vehicles | No separate used-car lemon law in this chapter. Any person to whom the vehicle is transferred during the term of the express warranty is a 'consumer' (§ 1161(1)). |
Does your vehicle qualify in Maine?
The law covers motor vehicles designed to carry passengers or property on public highways that are sold or leased in Maine. Excludes vehicles used primarily for commercial purposes with a gross vehicle weight of 8,500 pounds or more; governmental entities and businesses registering 3 or more vehicles are not 'consumers'. The protection period is term of the express warranty, 3 years from original delivery, or the first 18,000 miles, whichever occurs earliest. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: Same nonconformity subject to a repair attempt 3 or more times within the protection period and the nonconformity continues to exist.
- Serious safety defect: Same nonconformity resulting in a serious failure of the braking or steering system and subject to a repair attempt one or more times.
- Days out of service: Cumulative total of 15 or more business days out of service for repair.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
Consumer must notify the manufacturer or authorized dealer in writing of the desire for a refund or replacement; the manufacturer then has 7 business days after receipt for a final repair opportunity. Written notice is required only if the manufacturer clearly disclosed the requirement in the warranty or owner's manual.
If the manufacturer has a 16 C.F.R. Part 703-compliant informal dispute program, the consumer must first use it or state-certified arbitration before the refund/replacement remedy applies. Maine runs a state-certified arbitration program through the Attorney General; manufacturers must submit to it if requested within 3 years of delivery or the warranty term, whichever comes first.
State resource: Maine Attorney General, Consumer Protection Division - State Lemon Law Arbitration Program.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
Replacement with a comparable vehicle or refund (consumer may reject a replacement and take a refund) of the full purchase price or lease payments, finance charges, collateral charges, and towing, storage and alternative transportation costs, less a reasonable allowance for use. The use allowance cannot exceed the lesser of 1/3 of the IRS business mileage rate (based on mileage at the arbitration application) plus mileage beyond 20,000 miles, or 10% of the purchase price. Yes. A court may award reasonable attorney's fees and costs to a consumer who successfully enforces the chapter (§ 1167); a prevailing consumer in an appeal of state arbitration must be awarded fees and costs (§ 1169(5)). Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Maine's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your Maine vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in Maine?
Under Me. Rev. Stat. tit. 10, §§ 1161 to 1169, the presumption is met when same nonconformity subject to a repair attempt 3 or more times within the protection period and the nonconformity continues to exist. A defect likely to cause death or serious injury has its own test: same nonconformity resulting in a serious failure of the braking or steering system and subject to a repair attempt one or more times. The law also counts time in the shop: cumulative total of 15 or more business days out of service for repair.
Does the Maine lemon law cover used cars?
No separate used-car lemon law in this chapter. Any person to whom the vehicle is transferred during the term of the express warranty is a 'consumer' (§ 1161(1)). Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the Maine lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in Maine?
Consumer must notify the manufacturer or authorized dealer in writing of the desire for a refund or replacement; the manufacturer then has 7 business days after receipt for a final repair opportunity. Written notice is required only if the manufacturer clearly disclosed the requirement in the warranty or owner's manual. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in Maine?
If the manufacturer has a 16 C.F.R. Part 703-compliant informal dispute program, the consumer must first use it or state-certified arbitration before the refund/replacement remedy applies. Maine runs a state-certified arbitration program through the Attorney General; manufacturers must submit to it if requested within 3 years of delivery or the warranty term, whichever comes first.
Can I recover attorney's fees under the Maine lemon law?
Yes. A court may award reasonable attorney's fees and costs to a consumer who successfully enforces the chapter (§ 1167); a prevailing consumer in an appeal of state arbitration must be awarded fees and costs (§ 1169(5)). We explain exactly how fees work in your case before you sign anything.
Sources
- Maine Revised Statutes Title 10, Chapter 203-A (Maine Legislature)
- 10 M.R.S. § 1161 Definitions
- 10 M.R.S. § 1163 Rights and duties
- 10 M.R.S. § 1165 Informal dispute settlement
- 10 M.R.S. § 1167 Attorney's fees
- 10 M.R.S. § 1169 State motor vehicle dispute arbitration and mediation
- Maine Attorney General - Maine Lemon Law