and updates on the
California Lemon Law
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Maine - Statute Title 10, §1161
- 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.
- 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.
- 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:
- Full disclosure required.
Disclaimer: Please note that statutes may have been amended since the book was originally published in 2005.
Please consult your Secretary of State or local DMV office for the most recent and up to date statutes for the California Lemon Law.