Maryland Lemon Law

Written by SkyRidge Law Editorial Team Last updated 7 min read

Key takeaways

  • Protection period: first 18,000 miles of operation or 24 months after original delivery to the consumer, whichever is earlier.
  • Repair attempts: same nonconformity, defect, or condition subject to repair 4 or more times within the warranty period and it continues to exist.
  • Days out of service: cumulative total of 30 or more days out of service for repair of one or more nonconformities during the warranty period (statute says 'days', not specified as calendar or business).
  • Deadline: action must be commenced within 3 years of the date of original delivery of the vehicle to the consumer.
  • The law is Md. Code Ann., Com. Law §§ 14-1501 to 14-1504. Read it with your repair orders and your warranty in front of you.
On this page
  1. Maryland lemon law at a glance
  2. Does your vehicle qualify in Maryland?
  3. Notice, dispute programs and deadlines
  4. What you can recover
  5. Federal warranty law also applies
  6. Talk to us about your Maryland vehicle
  7. Frequently asked questions

Maryland's lemon law is Md. Code Ann., Com. Law §§ 14-1501 to 14-1504, the Maryland Lemon Law (Automotive Warranty Enforcement Act), Commercial Law Article Title 14, Subtitle 15. 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.

Maryland lemon law at a glance

Statute Md. Code Ann., Com. Law §§ 14-1501 to 14-1504
Official name Maryland Lemon Law (Automotive Warranty Enforcement Act), Commercial Law Article Title 14, Subtitle 15
Vehicles covered New vehicles registered in Maryland as Class A (passenger), Class D (motorcycle), Class E (truck) with a 3/4 ton or less rated capacity, or Class M (multipurpose). Excludes motor homes and fleet purchases of 5 or more vehicles.
Protection period First 18,000 miles of operation or 24 months after original delivery to the consumer, whichever is earlier.
Repair attempts Same nonconformity, defect, or condition subject to repair 4 or more times within the warranty period and it continues to exist.
Serious safety defects A braking or steering system failure subject to the same repair at least once within the warranty period, after the manufacturer was notified and given an opportunity to cure, where the repair does not bring the vehicle into compliance with state safety inspection laws.
Days out of service Cumulative total of 30 or more days out of service for repair of one or more nonconformities during the warranty period (statute says 'days', not specified as calendar or business).
Notice to the manufacturer Consumer must give written notice of the nonconformity to the manufacturer or factory branch by certified mail, return receipt requested, during the warranty period, and give it an opportunity to cure; corrections must be completed within 30 days of the manufacturer's receipt of the notice.
Dispute programs Optional. If the manufacturer has a 16 C.F.R. Part 703-compliant informal dispute procedure, the consumer 'may' resort to it, and using it does not bar other legal remedies. No state-run arbitration program in the statute; the Attorney General's Consumer Protection Division accepts lemon law complaints.
Deadline to bring a claim Action must be commenced within 3 years of the date of original delivery of the vehicle to the consumer.
Remedies At the consumer's option, a comparable replacement vehicle acceptable to the consumer, or a refund of the full purchase price including license, registration and similar governmental fees, less a reasonable use allowance not exceeding 15 percent of the purchase price and an allowance for damage beyond normal wear. Excise tax is recoverable from the MVA (§ 14-1503). Up to $10,000 additional damages for manufacturer bad faith (§ 14-1504(b)).
Attorney's fees Yes. A court may award reasonable attorney's fees to a prevailing plaintiff (§ 14-1502(l)).
Used vehicles No used-car lemon law. Rights pass to a person to whom a new motor vehicle is transferred during the warranty (§§ 14-1501(b)(2), 14-1502(j)(2)).

Does your vehicle qualify in Maryland?

The law covers new vehicles registered in Maryland as Class A (passenger), Class D (motorcycle), Class E (truck) with a 3/4 ton or less rated capacity, or Class M (multipurpose). Excludes motor homes and fleet purchases of 5 or more vehicles. The protection period is first 18,000 miles of operation or 24 months after original delivery to the consumer, whichever is earlier. 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, defect, or condition subject to repair 4 or more times within the warranty period and it continues to exist.
  • Serious safety defect: A braking or steering system failure subject to the same repair at least once within the warranty period, after the manufacturer was notified and given an opportunity to cure, where the repair does not bring the vehicle into compliance with state safety inspection laws.
  • Days out of service: Cumulative total of 30 or more days out of service for repair of one or more nonconformities during the warranty period (statute says 'days', not specified as calendar or business).

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 give written notice of the nonconformity to the manufacturer or factory branch by certified mail, return receipt requested, during the warranty period, and give it an opportunity to cure; corrections must be completed within 30 days of the manufacturer's receipt of the notice.

Optional. If the manufacturer has a 16 C.F.R. Part 703-compliant informal dispute procedure, the consumer 'may' resort to it, and using it does not bar other legal remedies. No state-run arbitration program in the statute; the Attorney General's Consumer Protection Division accepts lemon law complaints.

Deadline: Action must be commenced within 3 years of the date of original delivery of the vehicle to the consumer.

State resource: Maryland Office of the Attorney General, Consumer Protection Division (New Car Warranty / Lemon Law complaints).

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

At the consumer's option, a comparable replacement vehicle acceptable to the consumer, or a refund of the full purchase price including license, registration and similar governmental fees, less a reasonable use allowance not exceeding 15 percent of the purchase price and an allowance for damage beyond normal wear. Excise tax is recoverable from the MVA (§ 14-1503). Up to $10,000 additional damages for manufacturer bad faith (§ 14-1504(b)). Yes. A court may award reasonable attorney's fees to a prevailing plaintiff (§ 14-1502(l)). 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 Maryland's lemon law, for example some used vehicles sold with a warranty or a service contract.

Talk to us about your Maryland 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 Maryland?

Under Md. Code Ann., Com. Law §§ 14-1501 to 14-1504, the presumption is met when same nonconformity, defect, or condition subject to repair 4 or more times within the warranty period and it continues to exist. A defect likely to cause death or serious injury has its own test: A braking or steering system failure subject to the same repair at least once within the warranty period, after the manufacturer was notified and given an opportunity to cure, where the repair does not bring the vehicle into compliance with state safety inspection laws. The law also counts time in the shop: cumulative total of 30 or more days out of service for repair of one or more nonconformities during the warranty period (statute says 'days', not specified as calendar or business).

How long do I have to file a lemon law claim in Maryland?

Action must be commenced within 3 years of the date of original delivery of the vehicle to the consumer. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.

Does the Maryland lemon law cover used cars?

No used-car lemon law. Rights pass to a person to whom a new motor vehicle is transferred during the warranty (§§ 14-1501(b)(2), 14-1502(j)(2)). 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.

Do I have to notify the manufacturer in Maryland?

Consumer must give written notice of the nonconformity to the manufacturer or factory branch by certified mail, return receipt requested, during the warranty period, and give it an opportunity to cure; corrections must be completed within 30 days of the manufacturer's receipt of the notice. Keep a copy of anything you send and proof of delivery.

Do I have to go to arbitration in Maryland?

Optional. If the manufacturer has a 16 C.F.R. Part 703-compliant informal dispute procedure, the consumer 'may' resort to it, and using it does not bar other legal remedies. No state-run arbitration program in the statute; the Attorney General's Consumer Protection Division accepts lemon law complaints.

Can I recover attorney's fees under the Maryland lemon law?

Yes. A court may award reasonable attorney's fees to a prevailing plaintiff (§ 14-1502(l)). We explain exactly how fees work in your case before you sign anything.

Sources

  1. Md. Com. Law § 14-1501 Definitions (Maryland General Assembly)
  2. Md. Com. Law § 14-1502
  3. Md. Com. Law § 14-1503 Excise tax refund
  4. Md. Com. Law § 14-1504 Unfair trade practice; bad faith damages
  5. Maryland Attorney General - Consumer Complaints (New Car Warranty / Lemon Law)

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.

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