What is a Lemon Car under Maryland Lemon Law?

Maryland Lemon Law, formally known as the Automobile Warranty Enforcement Law, covers new and leased passenger vehicles, SUVs, vans, trucks under 3/4 ton, and motorcycles that are registered in Maryland within 15 months or 15,000 miles of the original purchase (whichever comes first). In order to be considered a “lemon,” the vehicle must meet the following requirements: 

• Does not conform to the manufacturer’s express warranty
• Has manufacturer’s defects that occurred during the first 15 months from the original owner’s delivery date or the first 15,000 miles on the odometer (whichever period ends first), and any one of the three of the following requirements:

• Has a brake or steering failure that was not corrected after the first repair attempt, and that causes the vehicle to fail Maryland’s safety inspection;
• or has any one problem that substantially impairs the use and market value of the vehicle that was not corrected in four repair attempts;
• or has any number of problems that substantially impair the use and market value of the vehicle that have caused it to be out of service for a cumulative total of 30 or more days

In addition, you must notify the manufacturer in writing and ask for assistance, but you don’t need to wait until there have been four repair attempts to do so. Your notification should be sent by certified mail, with a return receipt requested. You should send a copy of your letter to the Consumer Protection Division, along with a complaint form, which you can download here [link to http://www.oag.state.md.us/Forms/lemon.pdf].

The manufacturer has 30 days from the time it receives your letter to fix the problem. If the defect isn’t repaired, your vehicle qualifies for Maryland’s Lemon Law, and the manufacturer is required to replace your vehicle or buy it back, whichever you prefer.

Pursuing a MD Lemon Law Claim

Under Maryland Lemon Law, if the manufacturer refuses to buy back or replace your lemon, you must either use the manufacturer’s arbitration program (although you are not bound by its decision) or file a lawsuit within three years of taking delivery of your vehicle.

It is generally in your best interests to have an attorney represent you. After all, vehicle manufacturers have teams of lawyers that do nothing but fight Lemon Law claims. As you consider your options, imagine the difference between going up against a team of lawyers on your own, versus having a Lemon Law attorney speak on your behalf. Also keep in mind that being represented by a Lemon Law attorney won’t cost you a dime if you go to court; the law says that the car manufacturer has to pay your attorney’s fees in successful Lemon Law claims. Attorney’s fees are not recoverable for arbitration, though.

Pursuing Lemon Law Litigation in Court

If you decide to hire a lemon attorney, it’s likely that your case will proceed to court. The litigation process is usually divided into several stages, and your lawyer will do most of the heavy lifting for you.

Pre-Litigation

To avoid the delays and expenses associated with litigation, lawyers usually try to resolve most cases before going to trial. If a consumer doesn’t have an attorney, most manufacturers don’t resolve consumer complaints in the hope that the consumer won’t pursue his or her case. Once you hire a lemon lawyer, however, manufacturers understand that they will ultimately be responsible for your attorney’s fees, and so many settle cases before litigation even begins.

If a Settlement is Not Reached