Motorcycle Lemon Law in Maine

Maine Lemon Law covers new, used, and leased motorcycles that are purchased in Maine from a new motorcycle dealer. Covered motorcycles are those with defects that occur within the manufacturer's express warranty, three years from the original owner's date of delivery, or 18,000 miles on the odometer, whichever comes first. In order to be considered a "lemon," the motorcycle must meet the following requirements:

• Does not conform to the manufacturer's express warranty
• Has substantial defects affecting the use, safety or value of the motorcycle
• Has manufacturer's defects that occurred during the first three years from the original owner's delivery date, before the expiration of the manufacturer's warranty, or before there are 18,000 miles on the odometer (whichever period ends first)
• Has been taken in three times for the same problem, one time for a serious failure of the braking or steering system, or if it has been out of service for 15 business days due to a series of unrelated problems
• Is for personal use or is owned by a business that registers fewer than three vehicles
• The manufacturer has been notified and has been given a final attempt at repairing the vehicle
• You have participated in the manufacturer's informal dispute resolution process or the Maine Lemon Law Arbitration Program.

Under Maine Lemon Law, you must first participate in your motorcycle manufacturer's dispute resolution process (for example, arbitration, conciliation, or mediation) if it has one, or the Maine Lemon Law Arbitration Program before you are eligible to file a Lemon Law claim in court. You must also notify the manufacturer of the problem with your vehicle after the third repair attempt (or the first for a serious defect in the steering or braking system), and give the manufacturer the opportunity to fix it one last time. Sample demand letter.

There are two primary differences between the Maine Lemon Law Arbitration Program and a manufacturer's arbitration program. First, the manufacturer's program can order additional repairs, but the state arbitration program can only order a replacement motorcycle, a full refund, or no award at all. Second, the manufacturer is bound by the manufacturer's arbitration decision, but it can appeal a Maine Lemon Law Arbitration Program decision.

If the manufacturer's arbitration hearing does not decide in your favor, you can file with the Maine Lemon Law Arbitration Program. If that program doesn't decide in your favor, you can file a suit in Superior Court.

Wherever you are in the Lemon Law claim process, it is generally in your best interest to have an attorney represent you. After all, motorcycle 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.

Maine Lemon Law provides several options for a successful Lemon Law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:

• The full purchase price
• Finance charges
• Sales tax
• Registration fees
• Towing
• Alternative transportation
• Expert witness fees
• Attorney's fees

The amount of the monetary reward may be reduced by a deduction for your use of the motorcycle, calculated as one-third of the IRS standard deduction for operating a car for business miles driven, or 10% of the purchase price, whichever is less.