§ 14-2004. Warranties; rights and remedies
West's Annotated Code of MarylandCommercial Law
MD Code, Commercial Law, § 14-2004
§ 14-2004. Warranties; rights and remedies
(c)(1)(i) If a new motor vehicle does not conform to all applicable warranties during the warranty period, the lessee shall, during the warranty period, report the nonconformity, defect, or condition by giving written notice to the manufacturer, factory branch, or lessor by certified mail, return receipt requested.
(d)(1)(i) If, during the warranty period, the manufacturer or factory branch, its agent or authorized dealer, or the lessor or the lessor's agent is unable to repair or correct any nonconformity, defect, or condition that substantially impairs the use and market value of the motor vehicle to the lessee after a reasonable number of attempts, the manufacturer or factory branch, at the option of the lessee shall:
1. Replace the motor vehicle with a comparable motor vehicle acceptable to the lessee; or
2. Accept return of the motor vehicle from the lessee and refund to the lessee all moneys paid by the lessee to repair the defect, condition, or nonconformity pursuant to a lease, including all excise tax, license fees, registration fees, and any similar governmental charges, less a reasonable allowance for the lessee's unimpaired use of the vehicle; and
1. Transfer the title of the defective motor vehicle to the manufacturer;
2. Accept title to the comparable replacement motor vehicle;
3. Transfer possession of the comparable replacement motor vehicle to the lessee; and
4. Execute a lease agreement with the lessee with the same time period, terms, and conditions of the original lease.
(2)(i) In the event a manufacturer accepts return of a motor vehicle, under paragraph (1)(i)2 of this subsection, the lessee shall be compensated by the manufacturer for any moneys paid during the period in which the motor vehicle was not available due to the defect, condition, or nonconformity and the lessor shall be paid by the manufacturer all amounts due to the lessor under the terms of the lease.
(3) A nonconformity, defect, or condition resulting in failure of the braking or steering system has been subject to the same repair at least once within the warranty period, and the manufacturer has been notified and given the opportunity to cure the defect, and the repair does not bring the vehicle into compliance with the motor vehicle safety inspection laws of the State.
(h) If a motor vehicle that is returned under this subtitle is then made available for resale or subsequent lease, the seller or lessor shall disclose prior to sale or lease in writing in a clear and conspicuous manner, on a separate piece of paper in 10 point all capital type, to a lessee or buyer the material fact that this motor vehicle was returned to the manufacturer or factory branch, the nature of the defect which resulted in the return, and the condition of the motor vehicle at the time of resale or subsequent lease.
Credits
Added by Acts 1987, c. 577, § 1, eff. July 1, 1987. Amended by Acts 1988, c. 6, § 1; Acts 1995, c. 602, § 1, eff. Jan. 1, 1996.
MD Code, Commercial Law, § 14-2004, MD COML § 14-2004
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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