Legal Forms > Consumer > Lemon Law
Consumer Rights And Defective New Vehicle (Maine) - Legal Forms
| Consumer Rights And Defective New Vehicle (Maine) Form. This is a Legal Forms form and can be used in Lemon Law Consumer . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
Last Revised 12/30/08 6 CO N S U M E R R I G H T S A N D T H E DE F E C T I V E N E W V E H I C L E § 6. 1. Introduction Maine's Lemon Law Arbitration Services Manufacturers' A rbitration Program s Attorney G eneral Mediation Imm ediate Rejection Of D efective Vehicle Your Express Warranty Rights and Revocation of Acceptance Your Im plied Warranty Rights Your Rights To Dam ages Deceptive Failure To Disclose Repairs Where To W rite With Your Com plaint Loaner Vehicles Magnuson-Moss W arranty Act Warranty Rights Of Lessees Unfair Trade Practices Call For Help Summary O f Defective Vehicle Rights Manufacturer and Dealer Violations An Estim ate Of The Average Life Of V ehicle Parts This consumer rights chapter describes your significant protections under Maine law when your new vehicle proves to be defective. It contains the following sections: § 6. 2. § 6. 3. § 6. 4. § 6. 5. § 6. 6. § 6. 7. § 6. 8. § 6. 9. § 6. 10. § 6. 11. § 6. 12. § 6. 13. § 6. 14. § 6. 15. § 6. 16. § 6. 17. § 6. 18. American LegalNet, Inc. www.FormsWorkFlow.com 6-2 M AINE CONSU M E R L A W GU IDE § 6. 2. Maine's Lemon Law Arbitration Service Maine's Lemon Law can be found at 10 M.R.S.A. §§ 1161-1169. If the consumer (whether purchaser or lessee) reports serious defects to the dealer or manufacturer during the express warranty period, (within three years) of the date of delivery or during the first 18,000 miles of operation (whichever is earlier), the law requires the manufacturer to make the necessary repairs. By reporting these defects within the required time period, the consumer (purchaser or lessee) "freezes" his right to have these defects repaired, even if they continue after the expiration of that time period. If the dealer is unable to repair the defect, then under the Lemon Law the consumer may be eligible for either a replacement car or the return of the purchase price. Maine's Lemon Law protects not only purchasers of new motor vehicles but also persons who lease motor vehicles. Even used vehicles can be eligible for Lemon Law relief if they are still within the term of protection of the manufacturer's express warranties. In addition to this basic Lemon Law protection the state offers the Maine Lemon Law Arbitration Program in which a consumer, without charge, can seek an arbitrator's decision as to whether the consumer's new car meets the statutory definition of a "lemon." If it does, then the consumer is entitled to a refund or a replacement vehicle. The arbitrator's decision will be made within 45 days of application. For more information, contact us at: Office of Attorney General Lemon Law Arbitration Program 6 State House Station Augusta, Maine 04333-0006 800-436-2131 or 207-626-8848 lemon.law@maine.gov For a more complete description of the Maine Lemon Law Arbitration Program, see Chapter 7 of this Guide, The Maine Lemon Law and State Arbitration. § 6. 3. Manufacturers' Arbitration Programs Most manufacturers provide arbitration programs for their customers. These programs are available even if your car does not meet the statutory definition of lemon. Unlike the Maine Lemon Law Arbitration Program, which can only award a replacement or your money back, the manufacturer's arbitration program can order additional repairs. This arbitration service is provided free of charge. Your warranty booklet will tell you more about your manufacturer's program. § 6. 4. Attorney General Mediation The Attorney General's Consumer Mediation Services is also available to you, free of charge. We can contact the dealer and the manufacturer and attempt to informally resolve your complaints. Business participation in such mediation is voluntary. Write or call our Consumer Mediation Service for more information You can reach us at: Consumer Information and Mediation Service Office of Attorney General Consumer Protection Division 6 State House Station American LegalNet, Inc. www.FormsWorkFlow.com MAINE CONSUMER LAW GUIDE 6-3 Augusta, Maine 04333-0006 800-436-2131 or 207-626-8849 consumer.mediation@maine.gov § 6. 5. Immediate Rejection Of Defective Vehicles A. Immediate Rejection If you are sold a new or used car and it quickly becomes apparent it is seriously defective, the Maine Uniform Commercial Code (11 M.R.S.A. § 2-602) allows you to "reject" it within a"reasonable time after delivery."1 Immediate rejection pursuant to 11 M.R.S.A. § 2-602 is available for a serious defect (nonconformity with a warranty), or even a number of minor defects. See §§ 5.2 - 5.4 in Chapter 5 of this Guide. If your rejection is challenged by the dealer, then the dealer has the burden of proving it sold you a car without any significant defects. If rejecting your defective car has cost you money (e.g., towing fees, or the cost of renting needed alternative transportation), then you may be eligible for consequential and incidental damages as described at 11 M.R.S.A. § 2715. See below §§ 6.9 and 6.12. The dealer does have the right to "cure" (repair) any minor defects before delivering the car or during your first few miles of use, but not afterwards.2 However, your time to "reject" the car can be extended by the dealer's attempt to "cure" the problems.3 But this early right to repair is only for minor defects. If the defect is serious (i.e., it threatens the safety or usability of the car), then the dealer can "cure" it only by replacement or your money back. 4 The same rejection law applies if the dealer fails to make the car available as promised. For example, you ordered a blue sports car and specified that delivery could be no later than June 1. You then find out the car will not be available on that date or the car that is delivered is red. You may reject the car and the dealer should refund your deposit. B. How To Reject Your Car To properly reject your car you must do it in accordance with the steps set forth in the Maine Uniform Commercial Code, 11 M.R.S.A. § 2-602. We strongly recommend that you consult an attorney concerning the proper method for rejecting a new car. To reject, you must: (1) Notify the seller of your rejection. The notice should be in writing stating the reasons for rejecting the goods (including your list of defects). You should mail the notice to the seller's place of business and keep a copy for yourself. 1 2 3 4 Zabriskie Chevrolet, Inc. v. Smith, 240 A.2d 195, 201-202 (N.J. 1968)(the Smiths properly "rejected" their car after transmission failed to work in the first couple of miles). Other states in addition
|
|||||||
