Your Rights Under Maryland's Lemon Law

Click here to download a lemon law complaint form (New Car Warranty Complaint Form)

If your new car spends more time in the repair shop than on the road, you know you have a problem.

In most cases, the manufacturer's warranty that comes with your car will provide the coverage you need to have your car repaired at no cost to you. Your warranty will tell you what parts and systems of your car are covered and for how long. If you need repairs, you must have them done by a dealer, although you do not have to use the same dealer who sold you your car.

In some cases, however, the dealer may be unable to fix your car's problem. If that is the case, you may have a lemon.

Maryland's Lemon Law applies to new or leased motor vehicles (including cars, light trucks and motorcycles), registered in Maryland, that are less than 15 months old and have been driven less than 15,000 miles. The law provides for consumers whose cars meet certain criteria to receive a refund or a replacement vehicle if repair attempts have failed to correct a problem, and the problem substantially impairs the use and market value of the vehicle.

Not all new cars with problems qualify as lemons, but if yours does, you must take action quickly to receive relief under the law.

This publication will help you determine whether your car is a lemon, tell you what to do about it and explain how Maryland's Consumer Protection Division can help.

Is it a Lemon?

Maryland's lemon law applies only to cars, light trucks and motorcycles that:

1. Are registered in Maryland, and

2. Have been driven less than 15,000 miles and been owned less than 15 months.
(Even if you are not the original owner, the Lemon Law might apply to your vehicle if the original owner purchased it less than 15 months ago.)

The law provides that a dealer or manufacturer must correct a defect within 30 days after the consumer writes to the manufacturer by certified mail. If the manufacturer or dealer is unable to do so, the consumer is entitled to a refund or replacement vehicle under the Lemon Law if the car 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

• Any one problem that substantially impairs the use and market value of the vehicle that was not corrected in four repair attempts; or

• 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.

If you suspect your car is a lemon -- for example, if the dealer has tried once or twice unsuccessfully to repair the problem and you believe the problem substantially impairs the use and market value of the vehicle -- you should write to the manufacturer immediately. You do not need to wait until the dealer has made the four repair attempts, or until the car has been out of service for 30 days.

What to Do If Your Car Hasn't Yet Met the Definition of a Lemon

If your car does not yet qualify as a lemon, but is still covered by a warranty and is not working properly, you should take the following steps:

• Contact your dealer and ask to have the problems repaired under the warranty. If your dealer is not cooperating or seems to be unable to correct the problem, contact another dealer who sells the type of car you have purchased. A different dealer may be more successful in dealing with your problem. You should not be charged for this work. Keep copies of all receipts for work done on the vehicle.

• Immediately notify the manufacturer, in writing, of the problem and ask for assistance. Include the year, make, model and Vehicle Identification Number (VIN) of your car and enclose copies of repair orders from the dealer's attempts to repair your vehicle. (See sample letter A.) Send the letter by certified mail, return receipt requested. Send a copy of your letter to the Consumer Protection Division with a completed complaint form.

  Once the manufacturer receives your letter, it has 30 days to fix the problem. The manufacturer can authorize the dealer to make the repair.

• Keep copies of all correspondence with the dealer and manufacturer, and keep notes of phone calls, including dates of the calls.