Righting Your New Car's Wrongs - Maryland Attorney General
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Righting Your
Brian E. Frosh
Attorney General
New Car’s Wrongs
C o n s u m e r Pr o t e c t i o n D i v i s i o n , M a r y l a n d A t t o r n e y G e n e r a l ’s O f f i c e
Your Rights Under Maryland’s Lemon Law
I f your new car spends more time
in the repair shop than on the
road, you know you have a problem.
tion quickly to receive relief under the
law.
This publication will help you deter-
or replacement vehicle under the
Lemon Law if the car has:
• A brake or steering failure that
In most cases, the manufacturer’s mine whether your car is a lemon, tell was not corrected after the first re-
warranty that comes with your car you what to do about it, and explain pair attempt, and that causes the
will provide the coverage you need how Maryland’s Consumer Protection vehicle to fail Maryland’s safety
to have your car repaired at no cost Division can help. inspection; or
to you. Your warranty will tell you
what parts and systems of your car Is It a Lemon? • Any one problem that substan-
are covered and for how long. If you Maryland’s lemon law applies only to tially impairs the use and market
need repairs, you must have them cars, light trucks, and motorcycles that: value of the vehicle that was not
done by a dealer, although you do not corrected in four repair attempts;
have to use the same dealer who sold 1. Are registered in Maryland, and
or
you your car.
2. Have been driven less than 18,000
• Any number of problems that
In some cases, however, the dealer miles and been owned less than 24
substantially impair the use and
may be unable to fix your car’s prob- months. (Even if you are not the origi-
market value of the vehicle that
lem. If that is the case, you may have nal owner, the Lemon Law might apply
have caused it to be out of service
a lemon. to your vehicle if the original owner
for a cumulative total of 30 or
Maryland’s Lemon Law applies to purchased it less than 24 months ago.)
more days.
new or leased motor vehicles (in-
The law provides that a dealer or manu-
cluding cars, light trucks and mo- If you suspect your car is a lemon—
facturer must correct a defect within 30
torcycles), registered in Maryland, for example, if the dealer has tried once
days after the consumer writes to the
that are less than 24 months old and or twice unsuccessfully to repair the
manufacturer by certified mail. If the
have been driven less than 18,000 problem and you believe the problem
manufacturer or dealer is unable to do
miles. The law provides for consum- substantially impairs the use and mar-
so, the consumer is entitled to a refund
ers whose cars meet certain criteria to ket value of the vehicle — you should
receive a refund or a replacement ve- write to the manufacturer imme-
hicle if repair attempts have failed to diately. You do not need to wait
correct a problem, and the problem until the dealer has made the
substantially impairs the four repair attempts, or until
use and market value the car has been out of service
of the vehicle. for 30 days.
Not all new cars
with problems
qualify as lemons,
but if yours does,
you must take ac-
Rev. 8/19What to Do If Your Car Hasn’t Yet Met What to Do If Your Car Does Meet What the Manufacturer Must Do
the Definition of a Lemon the Definition of a Lemon and Once It Is Notified About Your Car’s
You Have Not Yet Notified the Problem
If your car does not yet qualify as a Manufacturer
lemon, but is still covered by a war- If your car is a lemon and the manufac-
ranty and is not working properly, you If your car is a lemon, you are entitled turer is unable to correct the problem
should take the following steps: to a replacement vehicle or the manu- within 30 days of receiving your letter,
facturer must refund the full purchase the manufacturer must repurchase or
• Contact your dealer and ask to price minus an allowance for use, not replace your vehicle. If you previously
have the problems repaired under to exceed 15 percent of the purchase contacted the manufacturer, you will
the warranty. If your dealer is not price. want to send a follow-up letter by certi-
cooperating or seems to be unable If you have not yet notified the manu- fied mail, return receipt requested, outlin-
to correct the problem, contact an- facturer and you think your car meets ing your problem, the steps you have
other dealer who sells the type of the definition of a lemon, you should taken to resolve it and what action you
car you have purchased. A differ- immediately notify the manufactur- want taken. (See sample letter C.)
ent dealer may be more success- er by letter, sent certified mail, re- The manufacturer can replace your
ful in dealing with your problem. turn receipt requested. (See sample vehicle with a comparable one that is ac-
You should not be charged for this letter B.) Send a copy of your letter ceptable to you, or buy it back, whichev-
work. Keep copies of all receipts to the Consumer Protection Division er you prefer. The repurchase price you
for work done on the vehicle. along with a completed complaint are offered should cover the full purchase
form, and keep a copy for your own price including license fees, registra-
• Immediately notify the manufac-
files. In your letter, you should: tion fees and other similar governmental
turer, in writing, of the problem
and ask for assistance. Include the • List the make, model, year, and charges. The manufacturer can subtract
year, make, model and Vehicle VIN of your vehicle. up to 15 percent of the purchase price for
Identification Number (VIN) of your use of the vehicle, and a reasonable
your car and enclose copies of • Include the name of the dealer- allowance for damage not attributed to
repair orders from the dealer’s at- ship from which your automobile normal wear and tear.
tempts to repair your vehicle. (See was purchased and the date of Excise taxes are not refunded by the
sample letter A.) Send the letter purchase. manufacturer. The Motor Vehicle Admin-
by certified mail, return receipt istration will return those to you or apply
• Describe the problem you are them against your next vehicle. If you
requested. Send a copy of your having.
letter to the Consumer Protection have questions about excise taxes, you
Division with a com-pleted com- can call the Motor Vehicle Administra-
• Describe what you have done to
plaint form, which can be found in tion’s customer service line at
address the problem and include
this publication. 800-950-1MVA.
copies of repair orders and dates
If the manufacturer refuses to provide
of repair attempts.
• Once the manufacturer receives you with a replacement vehicle or refund,
your letter, it has 30 days to fix the Once the manufacturer receives or if you need assistance in negotiating
problem. The manufacturer can your letter, it has 30 days to fix the the appropriate refund price or replace-
authorize the dealer to make the problem. The manufacturer can autho- ment vehicle, you may file a complaint
repair. rize the dealer to make the repair. with the Consumer Protection Division,
and we will contact the manufacturer to
• Keep copies of all correspondence assist you in your negotiations. A special
with the dealer and manufacturer, complaint form is included with this
and keep notes of phone calls, publication.
including dates of the calls.New Vehicle Warranty Complaint Form State of Maryland
Office of the Attorney General
Consumer Protection Division
Baltimore Office Eastern Shore Office Western Maryland Office Prince George’s Office
Consumer Protection Division Consumer Protection Division Consumer Protection Division Consumer Protection Division
200 St. Paul Place, 16th Floor 201 Baptist Street, Suite 30 44 N. Potomac St 9200 Basil Court, Suite 301
Baltimore, Maryland 21202 Salisbury, Maryland 21801 Hagerstown, Maryland 21740 Largo, Maryland 20774
410-528-8662 410-713-3620 301-791-4780 301-386-6200
An interactive complaint form is available on our website at
www.marylandattorneygeneral.gov/Pages/Complaints/newcarwarrantee.aspx,
or you may complete the form below and mail to the office nearest you.
Last Name First Name Name of Dealership (where you bought your car)
Street Address Street Address
City, State, Zip City, State, Zip
Daytime Phone # Evening Phone # Phone #
Email:
Vehicle:
Year Make (Manufacturer) Model
Vehicle Identification Number (VIN): Purchase Date:
Mileage at Purchase: Current Mileage:
Total price you paid for the vehicle: $
Is Your Vehicle Registered in Maryland? Yes No
- OVER-Please describe the problem(s) you have had with your new vehicle using the following chart and attach copies of
all documents that relate to these problems (e.g., invoices, repair orders, etc.) to this form.
Problem Date of Repair Mileage
Have you notified the Manufacturer of the problems? Yes No
If yes: Please attach a copy of your letter to this form.
1. Was the notification sent by certified mail, return receipt requested? Yes No
2. What, if any, response have you received from the manufacturer?
(Please attach any written correspondence)
________________________________________________________________________________________________
________________________________________________________________________________________________
Please mail your completed form to the Consumer Protection office nearest you (listed on other side).
Rev. 08/19Sample Letter A
For notifying manufacturer of on-going problems
(Vehicle has not yet met the definition of a “lemon”)
Consumer’s Name
Address
City, State Zip Code
Telephone Number
Date
Manufacturer’s Name
Address
City, State Zip Code BY CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dear Sir or Madam,
I am writing to notify you of the problems I have been having with my [Year, Make, Model and
VIN# of car] and to request that you correct this problem within 30 days of your receipt of this
letter.
I purchased my car from [Name of Dealership] on [date of purchase.] Approximately [amount of
time after purchase], I began having trouble with [description of problem]. I took my car back to
the dealer for repairs on [dates of repair attempts] but, to date, the dealer has been unable to cor-
rect the problem. Attached are copies of the repair orders that document the dealership’s attempts
to repair my car.
This problem substantially impairs both the use and value of my car. Therefore, if you and/or your
dealer are unable to correct this problem in a “reasonable number of attempts” as that phrase is de-
fined in Maryland’s Automotive Warranty Enforcement Act (Md. Code Ann., Com. Law, §14-1502
(d) ), I will expect you to [repurchase or replace] the vehicle pursuant to §14-1502(c) of the Act.
Please contact me at the above address or telephone number to arrange a mutually convenient date
and time for you to inspect my car and make the necessary repairs.
Sincerely,
[Your Name]
EnclosuresSample Letter B
Contacting manufacturer for first time if your vehicle is a “lemon” under the lemon law
Consumer’s Name
Address
City, State Zip Code
Telephone Number
Date
Manufacturer’s Name
Address
City, State Zip Code
BY CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dear Sir or Madam,
I am writing to notify you of the problems I have had with my [Year, Make, Model and VIN# of
car] pursuant to Maryland’s Automotive Warranty Enforcement Act, Md. Code Ann., Com. Law,
§14-1501 et seq.
I purchased my car from [Name of Dealership] on [date of purchase.] Approximately [amount
of time after purchase], I began having trouble with [description of problem]. I took my car back
to the dealer on [Dates of Repair Attempts] to have this problem corrected but to date, the dealer
has been unable to do so. Thus far, [my car has been out of service for a total of [number] days
/ a dealership has attempted to repair this problem [number] times.] Attached are copies of the
repair orders that document the dealership’s attempts to repair my car.
This problem substantially impairs both the use and value of my car. Therefore, unless you are
able to correct this problem within 30 days of your receipt of this letter, I request that you [repur-
chase or replace] my vehicle under the provisions of Md. Code Ann., Com. Law, §14-1502.
Please contact me at the above address or telephone number to arrange a mutually convenient
date and time for you to inspect my car and make the necessary repairs.
Sincerely,
[Your Name]
EnclosuresSample Letter C
For contacting manufacturer if your vehicle is a “lemon” under the lemon law
(use if you have already contacted manufacturer by letter at least once)
Consumer’s Name
Address
City, State Zip Code
Telephone Number
Date
Manufacturer’s Name
Address
City, State Zip Code
BY CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dear Sir or Madam,
I am writing to notify you of the continuing problems I have had with my [Year, Make, Model and
VIN# of car] and to request that you [repurchase or replace] this vehicle pursuant to Maryland’s Au-
tomotive Warranty Enforcement Act, Md. Code Ann., Com. Law, §14-1501 et seq. As you may recall,
I previously notified you of these problems in a letter dated [date of prior letter].
I purchased my car from [Name of Dealership] on [date of purchase.] Approximately [amount of
time after purchase], I began having trouble with [description of problem]. I took my car back to the
dealer on [Dates of Repair Attempts] to have this problem corrected but to date, the dealer has been
unable to do so. Thus far, [my car has been out of service for a total of [number] days / a dealership
has attempted to repair this problem [number] times.] Attached are copies of the repair orders that
document the dealership’s attempts to repair my car.
This problem substantially impairs both the use and value of my car. Therefore, I request that you
[repurchase or replace] my vehicle under the provisions of Md. Code Ann., Com. Law, §14-1502.
Please contact me within 14 days to discuss this matter.
Sincerely,
[Your Name]
EnclosuresTaking Your Lemon Law How We Can Help
Complaint to Court
We hope this information will assist
The Arbitration Option If you are not satisfied with the results you in resolving the problems you
of arbitration, or if you decide not to are having with your new car. If at
All car manufacturers offer some form arbitrate, you have the right to file a any point in the process you want our
of complaint resolution procedure. lawsuit against the manufacturer of assistance, please file the complaint
If the manufacturer will not agree your vehicle. At this point, you should form included in this publication at
to repurchase or replace your car, it hire a lawyer if you do not already the office closest to you.
may offer to submit your dispute to have one. The Maryland Bar Associa-
arbitration. This is an optional proce- tion or your county bar association
dure; whether or not you use it is your can refer you to an attorney in your How You Can Reach Us
choice. The decision of the arbitrator is area. You must file your case within Attorney General’s Offices
binding only on the manufacturer, not three years from the date the car
the consumer. If you are not satisfied was delivered to you. Downtown Baltimore
with the arbitrator’s decision, you may Consumer Protection Division
still file a lawsuit against the manufac- Warranty Adjustment Programs 200 St. Paul Place, 16th Floor
Baltimore, MD 21202-2021
turer and take your case to court.
If you plan to submit your complaint • Complaints General:
When a part has a high failure rate, a 410-528-8662
to arbitration, here are some steps you car manufacturer will pay for certain (9 a.m. to 3 p.m., M-F)
should take to prepare: repairs even after the original warranty • Toll-free:888-743-0023
• Arrange your records in chrono- expires. These “warranty adjustment • TDD for hearing impaired
logical order. Prepare a brief programs” were often referred to persons: 410-576-6372
outline summarizing the events. as “secret warranties” because the Send written complaints to:
Submit copies of records about manufacturer would notify dealers about Mediation Unit
your car’s problem and a copy the repairs but not consumers. Under Consumer Protection Division
of your warranty along with an Maryland law, manufacturers must now 16th Floor
arbitration application. notify consumers about any warranty 200 Saint Paul Place
Baltimore, MD 21202-2021
adjustment programs and, upon request,
• Ask the arbitration program repre- provide consumers with copies of the e-mail: consumer@oag.state.md.us
sentative to send you copies of all bulletins sent to dealers about the repair Branch Offices
materials submitted in advance program. Although manufacturers • Cumberland
by the manufacturer so you often arrange to reimburse 301-722-2000
can anticipate and respond dealers for the cost of repairs (9 a.m. to 12 p.m.,
to its arguments. so that consumers will not be
3rd Tues. of each month)
charged, consumers who do pay • Frederick
• You may want to 301-600-1071
for repairs covered by the warranty
have an independent (9 a.m. to 1 p.m., 2nd and
adjustment program should seek
automotive expert examine 4th Thurs. of each month)
reimbursement from the manufacturer.
your car. You can submit a writ- • Largo
ten report of the expert’s findings 301-386-6200
to the arbitrator. You will have to (9:00 a.m. to 5:00 p.m., M-F)
Consumers may contact the National
pay for the expert, but the report Highway Traffic Safety Administration • Hagerstown
might help you make your case. 301-791-4780
(NHTSA) or their car’s manufacturer (8:30 a.m. to 4:30 p.m., M-F)
You can ask the arbitrator to reim- for more information on recalls and
burse your expenses in obtaining • Salisbury
technical service bulletins. NHTSA may 410-713-3620
the report, although you cannot be reached at http://www.nhtsa.gov or (8:30 a.m. to 4:30 p.m., M-F)
be assured you will be compen- toll-free: 1-888-327-4236. • Southern MD, Hughesville
sated for this expense even if you 301-274-4620
prevail in the arbitration. Toll-free: 1-866-366-8343You can also read
