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Maine Lemon Law And State Arbitration (Including Notice Of Final Opportunity To Repair) (Maine) - Legal Forms
| Maine Lemon Law And State Arbitration (Including Notice Of Final Opportunity To Repair) (Maine) Form. This is a Legal Forms form and can be used in Lemon Law Consumer . |
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Last Revised 03/12/09 7 T H E M A I N E L E M O N L A W AN D S T AT E A R B I T R AT I O N § 7. 1. Introduction The Maine Lemon Law allows consumers with a severely defective new vehicle to have their cases heard by a state arbitrator, free of charge. The arbitrator will hold a hearing and issue a decision within 45 days of acceptance of the completed Lemon Law application. This chapter contains the following materials: § 7. 2. § 7. 3. Consum er's Guide To State Lemon Law Arbitration Maine Lem on Law (10 M.R.S.A. §§1161-69) § 7. 2. Consumer's Guide To State Lemon Law Arbitration A. What Is The Maine Lemon Law? The Maine Lemon Law, 10 M.R.S.A. §§ 1161-1169, protects consumers who have serious defects in their new or used vehicles. The law defines a "lemon" as a vehicle either purchased or leased in Maine, which has a defect that substantially impairs the use, safety or value of the vehicle, and which has not been repaired after a reasonable number of attempts.1 If your vehicle is found to be a lemon then the manufacturer must give you a replacement vehicle or refund your money. B. What Is The State Lemon Law Arbitration Program? If a substantial defect still exists or recurs after a reasonable number of repair attempts, the consumer has the right to a refund or a replacement vehicle. If the manufacturer refuses to take back your vehicle you can seek a State Lemon Law Arbitration Hearing and receive a decision within 45 days of the acceptance of your application. This state arbitration service is provided to you at no cost, except for the $1.00 Lemon Law fee you pay when you buy a new vehicle. Please keep in mind that not all car problems are serious enough to qualify for relief under the Lemon Law. You must apply for State Lemon Arbitration within three2 years from the date your car was originally sold and within the manufacturer's warranty coverage period. See DaimlerChrysler v. Exec. Dir. Rev. Servs., 922 A.2d 465, 468 (Me. 2007) (Maine Lemon Law provides consumers with a statutory right to have manufacturers make repairs to vehicles that do not conform to all express warranties). 2 Prior to September 13, 2003 the period was two years. American LegalNet, Inc. www.FormsWorkFlow.com 1 7-2 M AINE CONSU M E R L AW GU IDE C. What Vehicles Are Covered By The Lemon Law? The Maine Lemon Law covers any new or used car, motorcycle, van, truck or RV, bought or leased in Maine from a dealer and which is still within the Lemon Law's "term of protection." This Lemon "protection period" is the length of the manufacturer's express warranty, or three3 years from the date of delivery to the original consumer buyer, or 18,000 miles of use, whichever comes first.4 You must notify the manufacturer or the dealer about your vehicle's defect before this protection period ends. Subsequent owners can still be eligible for state lemon law arbitration. This can happen if you purchased the vehicle used but it is still protected by the manufacturer's original express warranty. Even if they fall within the protection period, the following cars are not covered by the Lemon Law: (1) those purchased for a governmental agency, a business which registers three or more vehicles, (2) primarily commercial vehicle that have gross vehicle weight (G.V.W.) of 8,500 pounds or more, or (3) vehicles purchased in order to resell them. D. What Problems Are NOT Covered By The Lemon Law? The Lemon Law does not cover vehicles with the following types of problems: (1) defects which do not substantially impair the vehicle's use, value, or safety; (2) defects caused by owner negligence; (3) defects resulting from accident, or vandalism; (4) defects resulting from unauthorized repair or alteration of the vehicle by a person other than the manufacturer, its agents or authorized dealers; or (5) defects that subjectively but not objectively shakes the buyer's confidence in the integrity of the vehicle.5 3 4 5 Prior to September 13, 2003 the period was two years. Thus, new, used or so-called "program vehicles" (e.g., fleet rental vehicles, dealer demonstrators, dealer loaner vehicles) could fall under the Lemon Law if they are still within the Lemon Law "term of protection." See Jolovitz v. Alfa Romeo Distributors of North America, 760 A.2d 625, 628 (Me. 2000). American LegalNet, Inc. www.FormsWorkFlow.com M AINE C ONSU M E R L AW GU IDE 7-3 E. What Is Substantial Impairment? The Lemon Law only covers serious defects--those which substantially impair the use, safety or value of the vehicle. However, the law does not list specific defects, which are considered substantial. You must be able to demonstrate how your vehicle has been substantially impaired. For example, to prove substantial value impairment, you could show that the retail value of your vehicle is significantly less than it would be without the defect. Although a defect may be annoying, it is not necessarily "substantial". See Jolovitz v. Alfa Romeo Distributors, 760 A2.d 625, 628 (Me. 2000) (a nonconformity will trigger replacement or refund only if manufacturer is unable to demonstrate objectively that the nonconformity has little effect on use safety or value. For example, here is part of a 2008 Arbitrator's decision that concluded the consumer's vehicle vibration did not rise to the level of "substantial impairment:" The vibration that intermittently occurred during the 40 minute test drive on the arbitration day was extremely minor, and would not at all rise to the level of a substantial impairment. The vibration however has been verified by an independent mechanic as well as by the authorized dealership's technicians. Additionally, the vibration was experienced by the Field Technician Specialist during the manufacturer's "final opportunity to repair" period. While the independent mechanic [qualifications not known] stated it was not normal and could cause significant transmission issues in time, I must weigh that statement against the statement offered by Chrysler's Specialist which indicates the vibration is consistent and normal for this particular model vehicle. The consumers were also advised on how they could avoid this vibration if they used the auto-stick transmission. The consumers have not experienced any situations where their safety has been compromised by the vibration. The consumers did not bring in an appraisal of their vehicle by a professional (not an automobile sales person.) The consumers are able to use their vehicle with the present vibration. Th
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