You are currently viewing our Lemon Law reference page for : Maine – Statute Title 10, §1161
Click here to return to our state listings
|
|
Vehicles Covered:
|
Vehicles sold or leased in state to convey passengers
or property. Excludes commercial vehicles over 8,500 lbs. Gross vehicle
weight.
|
| |
|
|
Persons Covered:
|
Purchasers or lessees, transferees during the
express warranty period or any persons entitled to enforce the warrant.
Excludes government, business or commercial enterprises with three or
more vehicles.
|
| |
|
|
Period Covered:
|
Whichever is first: term of express warranty
within two years of date of delivery or within 18,000 miles.
|
| |
|
|
Notice Requirement:
|
(a) Manufacturer – disclosure in the warranty
or the owner's manual that written notification of a nonconformity is
required; include name and address. (b) Consumer – written notification
to the manufacturer, its agent or authorized dealer, if the manufacturer
complied with the above; final opportunity to cure within seven days of
receipt.
|
| |
|
|
Repair Requirements:
|
It is presumed that a reasonable number of attempts
have been made if the same nonconformity has been subjected to three or
more repairs, or sent two times to the same agent or the vehicle is out
of service for a cumulative total of 15 or more business days.
|
| |
|
|
Affirmative Defenses:
|
a). lack of impairment - the nonconformity does
not significantly impair the use, market value or safety of the vehicle;
b). Abuse: the impairment is the result of abuse, neglect, or any unauthorized
modification or alteration by the consumer.
|
| |
|
|
Replacement/Refund:
|
At the consumer's option, the manufacturer shall
replace with a new comparable vehicle, or refund the full purchase price
les a reasonable use allowance (defined).
|
| |
|
|
Other Reimbursement:
|
Refund of the purchase price, or if a lease,
payments made to date; collateral charges, and costs: Attorneys fees.
|
| |
|
|
Other remedies:
|
There is no limit on other consumer remedies.
Violation considered unfair and an unfair trade practice.
|
| |
|
|
Arbitration:
|
For remedies under this section, a consumer
must use the informal dispute procedure established by the manufacturer
provided the procedure complies with 16 C.F.R. 703, or state certified
arbitration.
|
| |
|
|
Resale of Lemon:
|
y
Full disclosure required.
|