Archivo de Agosto de 2006
31 de agosto 2006 a las 11:34 am Filed under Ley del Limón
Los artículos que están cubiertos bajo la Ley del Limón de Idaho
Los nuevos vehículos de motor utilizados normalmente para fines personales, familiares o del hogar, venta o licencia en este estado, con exclusión de las motocicletas, tractores, remolques casa o cualquier vehículo de motor con un peso bruto total de más de 12.000 libras.
La Ley del Limón de Idaho puede aplicar si se ha producido el siguiente
4 intentos de reparación - 30 días laborables fuera de servicio
Longitud de tiempo o de millas antes de la Ley de Idaho Limón se queda sin
2 años o 24.000 millas.
La Ley del Limón de Idaho
48-901. DEFINICIONES
Para efectos de este capítulo, los siguientes términos tienen los siguientes significados:
(1) "consumidor" significa que el comprador o arrendatario, salvo con fines de reventa o subarrendamiento, de un vehículo de motor nuevo utilizado para uso personal, personales, familiares o domésticos, o de una persona a la que el nuevo vehículo de motor se transfiere para los mismos fines durante la duración de una garantía expresa aplicable al vehículo de motor.
(2) "los costos de terminación temprana" se entiende los gastos y obligaciones contraídas por el arrendador vehículo de motor como consecuencia de una resolución anticipada de un contrato de arrendamiento por escrito y la entrega de un vehículo de motor a un fabricante en la sección 48-904 del Código de Idaho, incluidas las sanciones para el pago anticipado de los acuerdos de financiación.
(3) "informal mecanismo de solución de controversias", un proceso de arbitraje o un procedimiento mediante el cual el fabricante intenta resolver las controversias con los consumidores con respecto a las no conformidades del motor del vehículo y las reparaciones que surjan durante el período de garantía del vehículo.
(4) "arrendamiento": un contrato en la forma de un contrato de arrendamiento o comodato para el uso de bienes personales por una persona física por un período de tiempo superior a cuatro (4) meses, utilizadas para uso personal, personales, familiares o uso doméstico, si el arrendatario tiene la opción de compra o de lo contrario convertirse en el dueño de la propiedad a la expiración del contrato de arrendamiento.
(5) "fabricante", una persona dedicada al negocio de la fabricación, el montaje o la distribución de vehículos de motor, que, en condiciones comerciales normales durante el año, la fabricación, ensamble o distribuir a los concesionarios por lo menos diez (10) vehículos de motor nuevos.
(6) "garantía expresa del fabricante" y "garantía" significa la garantía escrita del fabricante de un vehículo de motor nuevo de su condición y aptitud para el uso, incluyendo los términos o condiciones previas para el cumplimiento de las obligaciones en virtud de dicha garantía.
(7) "vehículo de motor", un vehículo de motor tal como se define en el capítulo 1, título 49, Código de Idaho, que se vende o con licencia en este estado, pero no incluye:
(Una motocicleta) o de la granja del tractor, según se define en las secciones 49-107 y 49-114, Código de Idaho, o
(B) The tal como se define en la sección 49-121 del Código de Idaho, o
(C) Todo vehículo de motor con un peso total en carga más de doce mil (12.000) libras.
(8) "arrendador de vehículos de motor", la persona que retiene el título de un vehículo de motor alquilado a un arrendatario en virtud de un contrato de arrendamiento por escrito o que tiene los derechos del arrendador de acuerdo en ese acuerdo.
48-902. El deber FABRICANTE DE REPARACIÓN
Si un vehículo de motor nuevo no se ajusta a todas las garantías expresas aplicables, y el consumidor los informes de la inconformidad al fabricante, su agente o su distribuidor autorizado durante la vigencia de las garantías expresas aplicables o durante el período de dos (2) años siguientes la fecha de entrega original del vehículo de motor nuevos a un consumidor, o durante el período que termina con la fecha en que el kilometraje del vehículo de motor llega a veinticuatro mil (24,000) millas, lo que es la primera fecha, el fabricante, su agente, o su distribuidor autorizado deberá hacer las reparaciones necesarias para cumplir el vehículo a las garantías expresas aplicables, a pesar de que las reparaciones se realizan después de la expiración del plazo de la garantía o los dos (2) período de un año.
48-903. EL DERECHO AL FABRICANTE devolución o sustitución de
(1) Si el fabricante, sus agentes, o sus distribuidores autorizados son incapaces de aceptar el vehículo de motor nuevos de cualquier garantía expresa aplicable por reparar o corregir cualquier defecto o condición que menoscabe el uso o valor de mercado del vehículo de motor para el consumidor después de un número razonable de intentos, el fabricante podrá optar por sustituir el vehículo de motor nuevo con un vehículo de motor similar o aceptar la devolución del vehículo del consumidor y de la restitución al consumidor la cantidad que el consumidor pagó por el vehículo, incluido el valor de todo el comercio -en, sin exceder los ciento cinco por ciento (105%) del precio sugerido de venta del vehículo de motor. El precio sugerido al por menor se incluyen todos los fabricantes instalados opciones. El porcentaje de ciento cinco (105%) casquillo deberá incluir el costo de cualquier opción u otras modificaciones dispuestas, instalado, o hechas por el representante del fabricante, o su distribuidor autorizado dentro de los treinta (30) días después de la fecha de la entrega original. El fabricante deberá devolver al consumidor todas las demás cargas, incluyendo pero no limitado a, el impuesto sobre ventas o impuestos especiales, derechos de licencia y derechos de inscripción, el reembolso de gastos de remolque y alquiler de vehículos efectuados por el consumidor como consecuencia de que el vehículo está fuera de servicio por reparaciones bajo garantía. Una cantidad razonable por el uso del consumidor del vehículo se deducirá de la restitución al consumidor que no exceda el número de millas atribuibles al consumidor hasta la fecha de la audiencia de arbitraje, multiplicado por el precio de compra del vehículo y se divide por un cien mil (100.000). Si el fabricante ofrece un vehículo de sustitución en esta sección, el consumidor tiene la opción de rechazar el vehículo de sustitución y para el fabricante para ofrecer un reembolso. Las devoluciones deben hacerse para el consumidor, y tenedor de la prenda, en su caso, ya que sus intereses aparecer en los registros de la división de vehículos de motor del Departamento de Transporte de Idaho. El fabricante debe dar al consumidor un recibo donde conste cada una de las cantidades reembolsadas en virtud de esta sección. Si el importe de las ventas o los impuestos especiales no se devolverá impuestos declarados por separado, o si el fabricante no pueda solicitar la devolución del impuesto dentro de un (1) año de la devolución del vehículo de motor, la comisión estatal de impuestos podrán devolver los impuestos, conforme se determina en el inciso (8) de esta sección, directamente al consumidor y acreedor, en su caso, ya que sus intereses aparecer en los registros de la división de vehículos de motor. Es una defensa afirmativa a cualquier reclamación en virtud del presente capítulo (a) que una supuesta inconformidad no perjudicar el uso o valor de mercado, o (b) que una no conformidad es el resultado de abuso, negligencia o modificaciones o alteraciones no autorizadas de un motor vehículo por cualquier persona que no sea el fabricante, su agente o su distribuidor autorizado.
(2) Se presume que un número razonable de intentos han comprometido a conformar un vehículo de motor nuevo a la garantía expresa su caso, si (a) la misma anomalía ha sido objeto de reparación de cuatro (4) o más veces por el fabricante, sus agentes, o sus distribuidores autorizados en el período de garantía aplicable o durante el período de dos (2) años siguientes a la fecha de la entrega original del vehículo de motor nuevo a un consumidor o durante el período que termina con la fecha en que el millaje en el vehículo de motor llega a veinticuatro mil (24,000) millas, lo que es la primera fecha, pero la no conformidad sigue existiendo. Sin embargo, el fabricante deberá tener por lo menos un (1) oportunidad de tratar de reparar el vehículo antes de que se presume un número razonable de intentos se han realizado para conformar el vehículo a la garantía expresa aplicable, o (b) el vehículo está fuera de servicio debido a reparaciones por un total acumulativo de treinta (30) días hábiles o más durante el período o durante el período, lo que es la fecha más temprana.
(3) Si los resultados no conformidad en un completo fracaso de la frenada o sistema de dirección del vehículo de motor nuevo y es probable que cause la muerte o lesiones corporales graves si el vehículo es conducido, se presume que un número razonable de intentos se han realizado para conformar el vehículo a las garantías expresas aplicable si la no conformidad ha sido objeto de reparación al menos una vez por el fabricante, sus agentes, o sus distribuidores autorizados en el período de garantía aplicable o durante el período de dos (2) años siguientes a la fecha de la entrega original del vehículo de motor nuevos a un consumidor o durante el período que termina con la fecha en que el kilometraje del vehículo de motor llega a veinticuatro mil (24,000) millas, lo que es la primera fecha, y la no conformidad sigue existiendo. Sin embargo, el fabricante deberá tener por lo menos un (1) oportunidad de tratar de reparar el vehículo antes de que se presume un número razonable de intentos se han realizado para conformar el vehículo a la garantía expresa aplicable.
(4) La duración de una garantía aplicable expresa, el dos (2) años y el período de treinta (30) días plazo se prorrogará por un período de tiempo durante el cual los servicios de reparación no están disponibles para el consumidor por una guerra, la invasión , huelga, o un incendio, inundación, u otro desastre natural.
(5) La presunción contenida en el inciso (2) de esta sección se aplica contra un fabricante de si el fabricante, su agente o distribuidor autorizado de su notificación ha recibido previamente por escrito o en nombre del consumidor al menos una vez y una oportunidad para curar el defecto alegado. Si la notificación haya sido recibida por el agente del fabricante o distribuidor autorizado, el agente o distribuidor deberá comunicar al fabricante por correo certificado con acuse de recibo. Sin embargo, si el fabricante no esté notificado ya sea por el consumidor o el representante del fabricante o distribuidor autorizado, el fabricante deberá tener al menos un (1) oportunidad de curar el defecto alegado.
(6) La expiración de los plazos establecidos en el inciso (2) de esta sección no impedirá a un consumidor de recibir un reembolso o reemplazo de vehículos bajo la subsección (1) de esta sección si el número razonable de intentos para corregir la no conformidad causando el menoscabo sustancial ocurren dentro de los tres (3) años siguientes a la fecha de la entrega original del vehículo de motor nuevos a un consumidor, siempre que el consumidor por primera vez la inconformidad al fabricante, su agente o su distribuidor autorizado durante el plazo de la expresa aplicable garantía.
(7) El fabricante deberá proporcionar a su agente o distribuidor autorizado y, en el momento de la compra o arrendamiento, el fabricante agente o distribuidor autorizado deberá presentar una declaración por escrito al consumidor en la guía de garantía de motor nuevo vehículo, en 10 puntos a todos tipo de capital, sustancialmente en la forma siguiente: "IMPORTANTE si este vehículo es defectuoso, usted puede beneficiarse, según la ley estatal de limón para REEMPLAZO DE TI o un reembolso de sus pagos PRECIO DE COMPRA O SU CONTRATO DE ARRENDAMIENTO. Sin embargo, para tener derecho a reembolso o reemplazo, en primer lugar debe notificar al fabricante, su agente o su distribuidor autorizado DEL PROBLEMA POR ESCRITO Y les dará la oportunidad de reparar el vehículo. Usted también tiene derecho a presentar su caso al arbitraje de consumo PROGRAMA QUE EL FABRICANTE debe ofrecer en este estado. "
(8) El importe de las ventas especiales o impuestos que se pagarían por el fabricante al consumidor en virtud del inciso (1) de esta sección será el impuesto pagado por el consumidor cuando el vehículo se compró menos una cantidad equivalente al impuesto pagado multiplicado por una fracción, cuyo denominador es el precio de compra del vehículo y cuyo numerador es el porcentaje deducido de la restitución para el uso del consumidor del vehículo.
48-904. EL DEBER DEL FABRICANTE PARA EL CONSUMIDOR CON vehículos arrendados
Un consumidor que alquila un vehículo de motor nuevo tiene los mismos derechos contra el fabricante en esta sección como un consumidor que compre un vehículo nuevo, excepto que, si se determina que el fabricante debe aceptar la devolución del vehículo arrendado el consumidor, de conformidad con el artículo 48 -903 del Código de Idaho, el arrendatario del consumidor no tiene derecho a un vehículo de reemplazo, pero sólo tendrá derecho a un reembolso conforme a lo dispuesto en esta sección. En tal caso, el vehículo arrendado el consumidor deberá ser devuelto al fabricante y contrato por escrito del consumidor con el arrendador de vehículos de motor debe terminar después de todos los cargos se liquidan. El fabricante deberá proporcionar al consumidor un reembolso completo de todos los costos y gastos se describe a continuación menos una cantidad razonable por el uso. El fabricante deberá facilitar al consumidor la devolución del importe proporcional de cualquier anticipo pagado por el consumidor en el contrato de arrendamiento por escrito. El importe proporcional de dicho reembolso será la cantidad del pago inicial, dividido por el número de meses del contrato de arrendamiento y esa cantidad multiplicada por el número de meses que quedan después de la fecha del arbitraje. El fabricante también deberá reembolsar al consumidor las cantidades identificadas como cargos adicionales establecidos en la sección 48-903 del Código de Idaho, si fueron pagados por el consumidor. La cantidad razonable por el uso, se los pagos de arrendamiento efectuados por el consumidor hasta el momento de la adjudicación de un reembolso. El fabricante deberá facilitar al arrendador de vehículos de motor o su cesionario, con un reembolso total de los cargos por cancelación anticipada, más el valor residual del vehículo, tal como se especifica en el contrato de arrendamiento. El importe de las devoluciones por el fabricante al consumidor de la parte proporcional de la cuota inicial más el importe de la restitución al arrendador de vehículos de motor o su cesionario por el fabricante no podrá exceder de ciento cinco por ciento (105%) de los vehículo fabricante original precio sugerido de venta al por menor.
48-905. Reventa o RE-ARRENDAMIENTO DE DEVOLUCIÓN DE VEHÍCULOS DE MOTOR
(1) Si un vehículo de motor ha sido devuelto en las disposiciones de la sección 48-903 del Código de Idaho, o una norma similar de otro Estado, ya sea como resultado de una acción legal o como el resultado de un procedimiento de solución de controversias informal, no se pueden revender o re-arrendamiento financiero en este estado a menos que:
(A) El fabricante ofrece la misma garantía expresa que se entrega al comprador original, excepto que la duración de la garantía debe durar sólo por doce mil (12.000) millas o doce meses (12) después de la fecha de la reventa, lo que ocurra primero; y
(B) El fabricante proporciona al consumidor una declaración escrita sobre una hoja de papel, en 10 puntos tipo de todo el capital, sustancialmente en la forma siguiente: "vehículo importante PRESENTE fue devuelto a la PORQUE fabricante, no se ajustaba a EXPRESS DE CONSTRUCTOR GARANTÍA Y LA NO CONFORMIDAD no se curó en un tiempo razonable, PREVISTO POR LA LEY DE IDAHO. "
Las disposiciones del presente capítulo se aplican a la reventa o re-arrendamiento de vehículos de motor para el período total de la garantía que se requiera en esta sección. Si un fabricante tiene un programa similar a los requisitos de este inciso y que provee un programa de, como mínimo, sustancialmente las mismas protecciones para los consumidores posteriores, a continuación, el fabricante deberá ser considerado para estar en conformidad con este inciso.
(2) Sin perjuicio de lo dispuesto en el inciso (1) de esta sección, si un vehículo de motor nuevo ha sido devuelto en las disposiciones de la sección 48-903 del Código de Idaho, o una norma similar de otro estado debido a una no conformidad que resulta en una completa fracaso de los frenos o el sistema de dirección del vehículo de motor pueda causar la muerte o lesiones corporales graves si el vehículo fue conducido y el fracaso no ha sido reparado por el fabricante, su agente o su distribuidor autorizado, el vehículo de motor no podrán ser revendidas en los este estado.
48-906. Alternativa de Conflictos mecanismo de solución de
(1) Todo fabricante que hacen negocios en este estado, la celebración de acuerdos de franquicia para la venta de sus vehículos de motor en este estado, que ofrece garantías expresas o en sus vehículos de motor vendidos o distribuidos para su venta en este estado deberá explotar, o de participar en un mecanismo informal de solución de diferencias en el estado de Idaho que se ajuste a las disposiciones del Título 16, Código de Reglamentos Federales, parte 703, y los requisitos de esta sección. Las disposiciones de la sección 48-903 del Código de Idaho, relativo a las restituciones o la sustitución no se aplican a un consumidor que no ha utilizado por primera vez este mecanismo antes de iniciar una acción civil, salvo que el fabricante permite a un usuario para iniciar una acción sin antes utilizar este mecanismo.
(2) Un mecanismo de solución de controversias informal establecido por el presente capítulo, en el momento una solicitud de arbitraje se realiza, proporcionar al consumidor y que a cada persona que vaya a un arbitraje de controversias del consumidor, información acerca de este capítulo, aprobado y dirigido por el Fiscal General, en consulta con las partes interesadas. El mecanismo de resolución de controversia se permita a las partes para presentar o presentar las alegaciones basadas en este capítulo y no podrán prohibir o impedir el examen de tales argumentos.
(3) Si, en un mecanismo de resolución de controversia, se ha decidido que el consumidor tiene derecho a un vehículo de reemplazo o un reembolso en la sección 48-903 del Código de Idaho, cualquier reembolso o reemplazo ofrecido por el fabricante o seleccionados por un consumidor incluir y detallar todos los importes autorizados por la sección 48-903 del Código de Idaho. Si el importe del impuesto especial no se reembolsará por separado dicho, o si el fabricante no pueda solicitar la devolución del impuesto dentro de un (1) año de la devolución del vehículo de motor, la comisión estatal de impuestos podrá reembolsar el impuesto sobre las ventas, como determinada en virtud del inciso (8) de la sección 48-903 del Código de Idaho, directamente al consumidor y acreedor, en su caso, ya que sus intereses aparecer en los registros de la división de vehículos de motor del Departamento de Transporte de Idaho.
(4) No hay documentos que deberán ser recibidas por cualquier mecanismo de resolución de controversia, salvo que esos documentos se han proporcionado a cada una de las partes en la disputa en o antes de la reunión del mecanismo, con una oportunidad para que las partes de formular observaciones sobre los documentos ya sea por escrito o por vía oral. Si un consumidor está presente durante la reunión del mecanismo de resolución de controversia, el consumidor podrá solicitar el aplazamiento de la reunión del mecanismo para que haya tiempo suficiente para examinar los documentos presentados en el momento de la reunión que no se habían presentado al consumidor antes de la reunión.
(5) el mecanismo de resolución de controversia deberá permitir que cada Parte a comparecer y hacer una presentación oral en el estado de Idaho menos que el consumidor se compromete a someter el litigio a la decisión sobre la base de documentos por sí solos o por teléfono, oa menos que la parte no comparecer en la presentación oral después razonable previo aviso por escrito. Sin embargo, el fabricante o su representante podrá participar en la reunión del mecanismo de solución de controversias informal por teléfono si así lo desea. Si el consumidor se compromete a someter el litigio a la decisión sobre la base de documentos por sí solos, a continuación, fabricante o distribuidor representantes no podrán participar en la discusión o resolución de la controversia.
(6) Los consumidores deberán tener la oportunidad adecuada para impugnar la afirmación de un fabricante que una no conformidad comprendido en destinada especificaciones para el vehículo por tener la base de la afirmación del fabricante tramitada por un técnico experto seleccionado y pagado por el consumidor antes de la disputa informal Audiencia de Conciliación.
(7) Cuando se ha producido un intento reciente por el fabricante para la reparación de vehículos de un consumidor, pero no hay respuesta todavía no ha sido recibida por el mecanismo de solución informal de los consumidores en cuanto a si las reparaciones se completaron con éxito, las partes deben tener la oportunidad para presentar cualquier información adicional con respecto a los intentos del fabricante de reparación reciente antes de tomar una decisión final dictada por el mecanismo de resolución de controversia. Esta disposición no afecta los derechos de los consumidores, en virtud del presente capítulo.
(8) Si el fabricante sabe que un boletín de servicio técnico se aplica directamente al problema mecánico específico en disputa por el consumidor, el fabricante deberá presentar el boletín de servicio técnico para el consumidor a un costo razonable bajo petición. El mecanismo se revisará esos boletines de servicio técnico presentado por cualquiera de las partes.
(9) Los consumidores pueden cobrar una cuota para participar en un mecanismo de resolución de controversia requerido por este capítulo, pero la tasa no podrá superar el tribunal de conciliación tasa de presentación en el condado donde se lleva a cabo el arbitraje.
(10) Toda parte en la controversia tendrá derecho a ser representado por un abogado en un mecanismo de resolución de controversia.
(11) El mecanismo de resolución de controversia tiene todos los poderes para reunir pruebas concedió un árbitro de conformidad con la Ley de Arbitraje uniforme.
(12) una resolución dictada en un mecanismo de resolución de controversia requerido por esta sección puede ser por escrito y firmado.
48-907. EFECTO Y ADMISIBILIDAD DE LA DECISIÓN DEL MECANISMO DE DISPUTAS asentamiento informal
La resolución dictada en un mecanismo de resolución de controversia requerido por este capítulo no es vinculante para las partes implicadas, salvo pacto en contrario entre las partes. Cualquiera de las partes, previa solicitud, podrá eliminar la decisión de tribunal de distrito de un juicio de novo. Si el fabricante es perjudicado por la decisión del mecanismo de resolución de controversia, una aplicación para eliminar la decisión debe ser presentada en la corte de distrito dentro de los treinta (30) días después de la fecha de recepción de la decisión de las partes. Si la solicitud para eliminar no se hace dentro de los treinta (30) días, entonces la corte de distrito, a instancia de parte, dictar una orden confirmando la decisión. Una decisión por escrito emitida por un mecanismo de resolución de controversia, y cualquier observación por escrito en que se basa la decisión, sea admisible como prueba no vinculante en cualquier acción legal posterior y no están sujetos a los requisitos de base más.
48-908. DAÑOS AGUDOS DE RECURSO mala fe de DECISIÓN
Si el tribunal de distrito considera que un partido acabó con una resolución de un mecanismo de resolución de controversia de mala fe, afirmando una demanda o contestación, que es frívola y costosa a la otra parte o por la afirmación de una posición infundada únicamente a retrasar la recuperación por el otra parte, el tribunal concederá a la parte vencedora tres (3) veces los daños actuales sostenidos, junto con los costos y honorarios de abogados.
48-909. RECURSO CIVIL
Cualquier consumidor lesionado por una violación de este capítulo puede iniciar una acción civil para hacer cumplir este capítulo y recuperar los costos y gastos, incluyendo honorarios razonables de abogados incurridos en la acción civil. Sin embargo, las disposiciones de esta sección no se incluye la recuperación de los honorarios de abogados incurridos anteriormente en el curso de solución de controversias informal. Además de los recursos previstos en el presente, el Fiscal General podrá, cuando sea de interés público, interponer un recurso de conformidad con la ley de protección al consumidor de Idaho, en el capítulo 6, título 48, Código de Idaho, en contra de cualquier fabricante en caso de violación de este capítulo. A los efectos de tal acción, violaciónes de este capítulo se considerará que se violaciónes de la Ley de protección al consumidor de Idaho. En dicha acción, el Fiscal General y Corte de Distrito tendrá la misma autoridad que se concede el fiscal general y corte de distrito en virtud de la ley de protección al consumidor de Idaho.
48-910. LIMITACIÓN DE ACCIONES
Una acción civil presentada en virtud del presente capítulo se iniciará el plazo de tres (3) años siguientes a la fecha de la entrega original del vehículo de motor nuevos a un consumidor, salvo que si el consumidor se aplica a un mecanismo de resolución de controversia dentro de los tres (3) años de la fecha de entrega original del vehículo de motor nuevos a un consumidor, y si el consumidor es perjudicado por la decisión del mecanismo de resolución de controversia, cualquier apelación de dicha decisión, interpuesto en virtud del presente capítulo se iniciará el plazo de tres (3) meses después la fecha de la decisión final por parte del mecanismo.
48-911. RECURSO NO EXCLUSIVA
Nada en este capítulo limita el derecho o medida que se pondrán a disposición de un consumidor en virtud de cualquier otra ley.
48-912. Requisito de divulgación
Además de las facultades de investigación autorizado por la ley, el fiscal general podrá inspeccionar los registros del mecanismo de resolución de controversia con una antelación razonable, durante el horario regular, y puede poner a disposición del público la información sobre el funcionamiento del mecanismo, pero los datos sobre un caso individual no podrá ser revelada sin el consentimiento previo de las partes afectadas.
48-913. CONCESIONARIO RESPONSABILIDAD
Nada en este capítulo establece la responsabilidad de un distribuidor o crea una causa adicional de acciones por un consumidor contra un comerciante, a excepción de las garantías escritas y expresa efectuada por el distribuidor, aparte de las garantías del fabricante. El fabricante no será de cargo al exigir el reembolso o por el concesionario por los costos, incluyendo pero no limitado a, los reembolsos o reemplazos de vehículos, efectuados por el fabricante que surja de este capítulo, a menos que haya evidencia de que las reparaciones correspondientes no se habían llevadas a cabo por el concesionario en el momento oportuno o de manera sustancial consistente con las instrucciones publicadas por el fabricante.
31 de agosto 2006 a las 11:34 am Filed under Ley del Limón
Los artículos que están cubiertos bajo la Ley de Limón de Illinois
Los turismos, vehículos de menos de 8.000 libras. and recreational vehicles, used primarily for personal, household, or family purposes, excluding camping trailers or travel trailers or motorcycles.
Illinois Lemon Law may apply if the following has occurred
4 repair attempts – 30 business days out of service
Length of time or miles before the Illinois Lemon Law runs out
1 year or 12,000 miles, whichever occurs first.
Lemon Law in Illinois
815 ILCS 380/1
Sec. 1. This Act shall be known and may be cited as the New Vehicle Buyer Protection Act. (Source: PA 85-1350.)
815 ILCS 380 / 2
Sec. 2. Definiciones. A los efectos de esta Ley, las siguientes palabras tienen el significado que les atribuye en la presente sección. (A) "Consumidor" significa una persona que compra o arrienda por un período de al menos un año un nuevo vehículo por parte del vendedor a efectos de transporte de sí mismo ya otros, así como de sus bienes personales, por sobre todo personal, hogar o familia propósitos. (B) "garantía Express" tiene el mismo significado, a los efectos de esta Ley, como lo ha hecho a los fines del Código Uniforme de Comercio. (C) "vehículo nuevo" se entiende un vehículo de turismo, tal como se define en la Sección 1-157 de El Código de Vehículos de Illinois, un vehículo de motor de la Segunda División con un peso de menos de 8.000 libras, tal como se define en la Sección 1-146 de dicho Código , y un vehículo de recreo, a excepción de una caravana o un remolque de viaje que no califica bajo la definición de un vehículo de motor usado, como se establece en la Sección 1-216 de ese Código. (D) "no conformidades" se refiere a la falta de un vehículo nuevo para cumplir con todas las garantías expresas aplicables a dicho vehículo, cuyo fallo podría impedirle el uso, valor de mercado o la seguridad de dicho vehículo. (E) "Vendedor": el fabricante de un vehículo nuevo, que el agente distribuidor del fabricante o el distribuidor o el fabricante autorizado. "Vendedor" significa también, con respecto a un vehículo nuevo que también es un vehículo modificado, tal como se define en la Sección 1-144.1 de El Código de Vehículos de Illinois, como ahora, o sea enmendada, la persona que modificó el vehículo y que la persona agente o distribuidor o de esa persona distribuidor autorizado. "Vendedor" significa también, con respecto a los nuevos vehículos arrendados, el fabricante, el agente del fabricante o distribuidor o concesionario que constructor, que transfiera el derecho a la posesión y uso de bienes en virtud de un contrato de arrendamiento. (F) "período de garantía legal", el período de un año o 12,000 millas, lo que ocurra primero después de la fecha de la entrega de un nuevo vehículo para el consumidor que compró o arrendó. (G) «coste de arrendamiento" incluye depósitos, tasas, impuestos, anticipos, pagos periódicos, y cualquier otro importe pagado a un vendedor por un consumidor en relación con el arrendamiento de un vehículo nuevo. (Fuente: AP 89-375, el FEP. 8-18-95.)
815 ILCS 380 / 3
Sec. 3. La falta de vehículos conformes; recursos; presunciones. (A) Si después de un número razonable de intentos que el vendedor no pueda dar cumplimiento al nuevo vehículo a cualquiera de sus garantías expresas aplicables, el fabricante deberá proporcionar al consumidor un vehículo nuevo de la línea de modelos como, en su caso, o de otra manera una comparables vehículos de motor como un reemplazo, o aceptar la devolución del vehículo del consumidor y de la restitución al consumidor el precio total de la compra o arrendamiento costo del nuevo vehículo, incluyendo todos los gastos colaterales, menos una cantidad razonable por el uso de los consumidores del vehículo. Para propósitos de esta Sección, "gastos colaterales" no incluye los impuestos pagados por el comprador en la compra inicial del nuevo vehículo. El minorista que inicialmente vendió el vehículo, puede presentar una reclamación de crédito por los impuestos pagados de conformidad con los términos de los Artículos 6, 6a, 6b, 6c y de la ocupación, los minoristas de Impuestos. Si el vehículo se convertirá, modificada o alterada de una manera que no sea el diseño original del fabricante, la parte que realiza la conversión o modificación se hace responsable bajo las disposiciones de esta Ley, siempre que la parte o partes que prohíba al vehículo para realizar de acuerdo con la garantía se alterado o modificado. (B) La presunción de que un número razonable de intentos han comprometido a conformar un nuevo vehículo para su garantía expresa nace cuando, en el plazo de garantía legal, (1) la no conformidad mismo ha sido objeto de reparación por el vendedor, sus agentes o distribuidores autorizados durante el período de garantía legal, los tiempos de 4 o más, y la inconformidad tal sigue existiendo, o (2) el vehículo ha estado fuera de servicio debido a reparaciones de las no conformidades para un total de 30 o más días hábiles durante el legal período de garantía. (C) Una cantidad razonable por el uso de los consumidores de un vehículo es la cantidad directamente atribuibles al desgaste y al desgarro efectuados por el nuevo vehículo como consecuencia de haber sido utilizados antes del primer informe de una no conformidad al vendedor, y en caso de período posterior en la que no está fuera de servicio debido a reparaciones. (D) El hecho de que la falta de un nuevo vehículo para cumplir con una garantía expresa es el resultado de abuso, negligencia o modificaciones o alteraciones no autorizadas es una defensa afirmativa a las demandas presentadas en virtud de la presente ley. (E) El plazo de garantía legal de un nuevo vehículo se suspenderá en cualquier período de tiempo durante el cual los servicios de reparación no están disponibles para el consumidor a causa de una guerra, invasión o ataque, o un incendio, inundación u otro desastre natural. (F) Las restituciones con arreglo al presente Ley se harán para el consumidor, y con derecho de retención si es que existe, ya que sus respectivos intereses parecidos. (g) For the purposes of this Act, a manufacturer sells a new vehicle to a consumer when he provides that consumer with a replacement vehicle pursuant to subsection (a). (h) In no event shall the presumption herein provided apply against a manufacturer, his agent, distributor or dealer unless the manufacturer has received prior direct written notification from or on behalf of the consumer, and has an opportunity to correct the alleged defect. (Source: PA 89-359, eff. 8-17-95; 89-375, eff. 8-18-95; 89-626, eff. 8-9-96.) 815 ILCS 380/4 Sec. 4. (a) The provisions of subsection (a) of Section 3 shall not apply unless the consumer has first resorted to an informal settlement procedure applicable to disputes to which that subsection would apply where (1) The manufacturer of the new vehicle has established such a procedure; (2) The procedure conforms: (i) substantially with the provisions of Title 16, Code of Federal Regulation, Part 703, as from time to time amended, and (ii) to the requirements of subsection (c); and (3) The consumer has received from the seller adequate written notice of the existence of the procedure. Adequate written notice includes but is not limited to the incorporation of the informal dispute settlement procedure into the terms of the written warranty to which the vehicle does not conform. (b) If the consumer is dissatisfied with the decision reached in an informal dispute settlement procedure or the results of such a decision, he may bring a civil action to enforce his rights under subsection (a) of Section 3. The decision reached in the informal dispute settlement procedure is admissible in such a civil action. The period of limitations for a civil action to enforce a consumer's rights or remedies under subsection (a) of Section 3 shall be extended for a period equal to the number of days the subject matter of the civil action was pending in the informal dispute settlement procedure. (c) A disclosure of the decision in an informal dispute settlement procedure shall include notice to the consumer of the provisions of subsection (b). (Source: PA 85-1350.)
815 ILCS 380/5
Sec. 5. Persons electing to proceed and settle under this Act shall be barred from a separate cause of action under the Uniform Commercial Code. (Source: PA 85-1350.)
815 ILCS 380/6
Sec. 6. Any action brought under this Act shall be commenced within eighteen months following the date of original delivery of the motor vehicle to the consumer. (Source: PA 83-768.)
815 ILCS 380/7
Sec. 7. The seller who sells a new vehicle to a consumer, shall, upon delivery of that vehicle to the consumer, provide the consumer with a written statement clearly and conspicuously setting forth in full detail the consumer's rights under subsection (a) of Section 3, and the presumptions created by subsection (b) of that Section. (Source: PA 85-1350.)
815 ILCS 380/8 Sec. 8. This Act shall apply to motor vehicles beginning with the model year following the effective date of this Act. (Source: PA 83-768.)
August 31, 2006 at 11:33 am · Filed under Lemon Laws
Los artículos que están cubiertos bajo la Ley de Limón de Indiana
Los vehículos de motor vendidos a un comprador en el estado y estén matriculados en Indiana, los vehículos comprados en el estado por un no residente, con un peso bruto de menos de 10.000 libras., destinados principalmente para uso y funcionamiento en la vía pública, con exclusión de camionetas de conversión, h de motor
Indiana la ley del limón se puede aplicar si se ha producido el siguiente
4 intentos de reparación - 30 días laborables fuera de servicio
Longitud de tiempo o de millas antes de la Ley de Indiana Limón se queda sin
18 meses o 18,000 millas, lo que ocurra primero.
La Ley de Limón en Indiana
IC 24-5-13 Chapter 13. Motor Vehicle Protection
IC 24-5-13-1
Sec. 1. This chapter applies to all motor vehicles that are sold, leased, transferred, or replaced by a dealer or manufacturer in Indiana.
As added by PL150-1988, SEC.1.
IC 24-5-13-2
Sec. 2. As used in this chapter, “business day” means a day other than Sunday or a legal holiday (as defined in IC 1-1-9-1).
As added by PL150-1988, SEC.1.
IC 24-5-13-3
Sec. 3. As used in this chapter, “buyer” means any person who, for purposes other than resale or sublease, enters into an agreement or contract within Indiana for the transfer, lease, or purchase of a motor vehicle covered under this chapter.
As added by PL150-1988, SEC.1.
IC 24-5-13-3.4
Sec. 3.4. As used in this chapter, “lease” means a contract in the form of a lease or bailment for the use of a motor vehicle by a person for more than four (4) months, whether or not the lessee has the option to purchase or otherwise become the owner of the property at the expiration of the lease.
As added by PL24-1989, SEC.25.
IC 24-5-13-3.7
Sec. 3.7. As used in this chapter, “lessor” means a person who:
(1) holds title to a motor vehicle leased to a lessee under a written lease agreement; or
(2) holds the lessor's rights under an agreement described in subdivision (1).
As added by PL24-1989, SEC.26.
IC 24-5-13-4
Sec. 4. As used in this chapter, “manufacturer” means any person who is engaged in the business of manufacturing motor vehicles, or, in the case of motor vehicles not manufactured in the United States, any person who is engaged in the business of importing motor vehicles.
As added by PL150-1988, SEC.1.
IC 24-5-13-5
Sec. 5. As used in this chapter, “motor vehicle” or “vehicle” means any self-propelled vehicle that:
(1) has a declared gross vehicle weight of less than ten thousand (10,000) pounds; (2) is sold to:
(A) a buyer in Indiana and registered in Indiana; or
(B) a buyer in Indiana who is not an Indiana resident (as defined in IC 9-13-2-78);
(3) is intended primarily for use and operation on public highways; and
(4) is required to be registered or licensed before use or operation.
The term does not include conversion vans, motor homes, farm tractors, and other machines used in the actual production, harvesting, and care of farm products, road building equipment, truck tractors, road tractors, motorcycles, mopeds, snowmobiles, or vehicles designed primarily for offroad use.
As added by PL150-1988, SEC.1. Amended by PL141-1990, SEC.1; PL2-1991, SEC.84.
IC 24-5-13-6
Sec. 6. As used in this chapter, “nonconformity” means any specific or generic defect or condition or any concurrent combination of defects or conditions that:
(1) substantially impairs the use, market value, or safety of a motor vehicle; or
(2) renders the motor vehicle nonconforming to the terms of an applicable manufacturer's warranty.
As added by PL150-1988, SEC.1.
IC 24-5-13-7
Sec. 7. As used in this chapter, “term of protection” means a period of time that:
(1) begins:
(A) on the date of original delivery of a motor vehicle to a buyer; or
(B) in the case of a replacement vehicle provided by a manufacturer to a buyer under this chapter, on the date of delivery of the replacement vehicle to the buyer; and
(2) ends the earlier of:
(A) eighteen (18) months after the date identified under subdivision (1); or
(B) the time the motor vehicle has been driven eighteen thousand (18,000) miles after the date identified under subdivision (1).
As added by PL150-1988, SEC.1.
IC 24-5-13-8
Sec. 8. If a motor vehicle suffers from a nonconformity and the buyer reports the nonconformity within the term of protection to the manufacturer of the vehicle, its agent, or its authorized dealer then the manufacturer of the motor vehicle or the manufacturer's agent or authorized dealer shall make the repairs that are necessary to correct the nonconformity, even if the repairs are made after expiration of the term of protection.
As added by PL150-1988, SEC.1.
IC 24-5-13-9
Sec. 9. (a) A buyer must first notify the manufacturer of a claim under this chapter if the manufacturer has made the disclosure required by subsection (b). However, if the manufacturer has not made the required disclosure, the buyer is not required to notify the manufacturer of a claim under this chapter.
(b) The manufacturer shall clearly and conspicuously disclose to the buyer, in the warranty or owner's manual, that written notification of the nonconformity is required before the buyer may be eligible for a refund or replacement of the vehicle. The manufacturer shall include with the warranty or owner's manual the name and address to which the buyer must send notification.
As added by PL150-1988, SEC.1.
IC 24-5-13-10
Sec. 10. If, after a reasonable number of attempts, the manufacturer, its agent, or authorized dealer is unable to correct the nonconformity, the manufacturer shall accept the return of the vehicle from the buyer and, at the buyer's option, either, within thirty (30) days, refund the amount paid by the buyer or provide a replacement vehicle of comparable value.
As added by PL150-1988, SEC.1.
IC 24-5-13-11
Sec. 11. (a) If a refund is tendered under this chapter with respect to a vehicle that is not a leased vehicle, the refund must be the full contract price of the vehicle, including all credits and allowances for any trade-in vehicle and less a reasonable allowance for use.
(b) To determine a reasonable allowance for use under this section, multiply:
(1) the total contract price of the vehicle; by
(2) a fraction having as its denominator one hundred thousand (100,000) and having as its numerator the number of miles that the vehicle traveled before the manufacturer's acceptance of its return.
(c) The refund must also include reimbursement for the following incidental costs:
(1) All sales tax.
(2) The unexpended portion of the registration fee and excise tax that has been prepaid for any calendar year.
(3) All finance charges actually expended.
(4) The cost of all options added by the authorized dealer.
(d) Refunds made under this section shall be made to the buyer and lienholder, if any, as their respective interests appear on the records of ownership.
As added by PL150-1988, SEC.1. Amended by PL24-1989, SEC.27.
IC 24-5-13-11.5
&BTN.In (2) SBI beginning with less.&ETN.
Sec. 11,5. (a) If a refund is tendered under this chapter with respect to a leased motor vehicle, the refund shall be made as follows:
(1) The lessee shall receive all deposit and lease payments paid by the lessee to the lessor, including all credits and allowances for any trade-in vehicles, less a reasonable allowance for use.
(2) The lessor shall receive:
(A) the lessor's purchase cost, including freight and accessories;
(B) any fee paid to another to obtain the lease;
(C) any insurance premiums or other costs expended by the lessor for the benefit of the lessee;
(D) sales tax paid by the lessor; and
(E) five percent (5%) of the amount described in subdivision (2)(A);
less the total of all deposit and lease payments paid by the lessee to the lessor, including all credits and allowances for any trade-in vehicle.
(b) To determine a reasonable allowance for use under this section, multiply:
(1) the total lease obligation of the lessee at the inception of the lease; by
(2) a fraction having as its denominator one hundred thousand (100,000) and as its numerator the number of miles that the vehicle traveled before the lessor's acceptance of its return.
As added by PL24-1989, SEC.28.
IC 24-5-13-12
Sec. 12. (a) If a vehicle is replaced by a manufacturer under this chapter, the manufacturer shall reimburse the buyer for any fees for the transfer of registration or any sales tax incurred by the buyer as a result of replacement.
(b) If a replaced vehicle was financed by the manufacturer, its subsidiary, or agent, the manufacturer, subsidiary, or agent may not require the buyer to enter into any refinancing agreement concerning a replacement vehicle that would create any financial obligations upon the buyer less favorable than those of the original financing agreement.
As added by PL150-1988, SEC.1.
IC 24-5-13-13
Sec. 13. Whenever a vehicle is replaced or refunded under this chapter, the manufacturer shall reimburse the buyer for necessary towing and rental costs actually incurred as a direct result of the nonconformity.
As added by PL150-1988, SEC.1.
IC 24-5-13-14
Sec. 14. A buyer has the option of retaining the use of any vehicle returned under this chapter until the time that the buyer has been tendered a full refund or replacement vehicle of comparable value. The use of any vehicle retained by a buyer after its return to a manufacturer under this chapter must, in cases in which a refund is tendered, be reflected in the reasonable allowance for use required by section 11 of this chapter.
As added by PL150-1988, SEC.1.
IC 24-5-13-15
Sec. 15. (a) A reasonable number of attempts is considered to have been undertaken to correct a nonconformity if:
(1) the nonconformity has been subject to repair at least four (4) times by the manufacturer or its agents or authorized dealers, but the nonconformity continues to exist; or
(2) the vehicle is out of service by reason of repair of any nonconformity for a cumulative total of at least thirty (30) business days, and the nonconformity continues to exist.
(b) The thirty (30) business day period in subsection (a)(2) shall be extended by any period of time during which repair services are not available as a direct result of a strike. The manufacturer, its agent, or authorized dealer shall provide or make provision for the free use of a vehicle to any buyer whose vehicle is out of service by reason of repair during a strike.
(c) The burden is on the manufacturer to show that the reason for an extension under subsection (b) was the direct cause for the failure of the manufacturer, its agent, or authorized dealer to cure any nonconformity during the time of the event.
As added by PL150-1988, SEC.1.
IC 24-5-13-16
Sec. 16. (a) A manufacturer, its agent, or authorized dealer may not refuse to diagnose or repair any vehicle for the purpose of avoiding liability under this chapter.
(b) A manufacturer, its agent, or authorized dealer shall provide a buyer with a written repair order each time the buyer's vehicle is brought in for examination or repair. The repair order must indicate all work performed on the vehicle including examination of the vehicle, parts, and labor.
As added by PL150-1988, SEC.1.
IC 24-5-13-17 Repealed
( Repealed by PL65-1992, SEC.4.)
IC 24-5-13-18
Sec. 18. It is an affirmative defense to any claim under this chapter that:
(1) the nonconformity, defect, or condition does not substantially impair the use, value, or safety of the motor vehicle; or
(2) the nonconformity, defect, or condition is the result of abuse, neglect, or unauthorized modification or alteration of the motor vehicle by the buyer.
As added by PL150-1988, SEC.1.
IC 24-5-13-19
Sec. 19. This chapter does not apply to any buyer who has not first resorted to an informal procedure established by a manufacturer or in which a manufacturer participates if:
(1) the procedure is certified by the attorney general as:
(A) complying in all respects with 16 CFR 703; and
(B) complying with any other rules concerning certification adopted by the attorney general, including but not limited to the requirement of oral hearings, pursuant to IC 4-22-2; and
(2) the buyer has received adequate written notice from the manufacturer of the existence of the procedure.
Adequate written notice includes the incorporation of the informal dispute settlement procedure into the terms of the written warranty to which the motor vehicle does not conform.
As added by PL150-1988, SEC.1. Amended by PL24-1989, SEC.29.
IC 24-5-13-20
Sec. 20. This chapter does not limit the rights or remedies that are otherwise available to a buyer under any other applicable provision of law.
As added by PL150-1988, SEC.1.
IC 24-5-13-21
Sec. 21. A buyer may bring a civil action to enforce this chapter in any circuit or superior court.
As added by PL150-1988, SEC.1.
IC 24-5-13-22
Sec. 22. A buyer who prevails in any action brought under this chapter is entitled to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses, including attorney's fees based on actual time expended by the attorney, determined by the court to have been reasonably incurred by the buyer for or in connection with the commencement and prosecution of the action.
As added by PL150-1988, SEC.1.
IC 24-5-13-23
Sec. 23. (a) An action brought under this chapter must be commenced within two (2) years following the date the buyer first reports the nonconformity to the manufacturer, its agent, or authorized dealer.
(b) When the buyer has commenced an informal dispute settlement procedure described in section 19 of this chapter, the two (2) year period specified in subsection (a) is tolled during the time the informal dispute settlement procedure is being conducted.
As added by PL150-1988, SEC.1.
IC 24-5-13-24
Sec. 24. Nothing in this chapter imposes any liability on a dealer or creates a cause of action by a consumer against a dealer, and a manufacturer may not, directly or indirectly, expose any franchised dealer to liability under this chapter.
As added by PL150-1988, SEC.1.
August 31, 2006 at 11:33 am · Filed under Lemon Laws
Items that are covered under Iowa Lemon Law
Vehicle purchased or leased in the state and primarily designed for the transportation of persons or property, excluding mopeds, motorcycles, motor homes and vehicles over 10,000 lbs. GVW.
Iowa Lemon Law may apply if the following has occurred
1 repair attempt for a defect that may cause death or serious injury or 3 repair attempts plus a final attempt or 30 calendar days out of service.
Length of time or miles before the Iowa Lemon Law runs out
2 years or 24,000 miles, whichever occurs first.
Lemon Law in Iowa
322G.1 Legislative intent.
The general assembly recognizes that a motor vehicle is a major consumer acquisition and that a defective motor vehicle undoubtedly creates a hardship for the consumer. The general assembly further recognizes that a duly franchised motor vehicle dealer is an authorized service agent of the manufacturer. It is the intent of the general assembly that a good faith motor vehicle warranty complaint by a consumer be resolved by the manufacturer within a specified period of time. It is further the intent of the general assembly to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which cannot be brought into conformity with the warranty provided for in this chapter. However, this chapter does not limit the rights or remedies which are otherwise available to a consumer under any other law.
322G.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Collateral charges” means those additional charges to a consumer wholly incurred as a result of the acquisition of the motor vehicle. For the purposes of this chapter, collateral charges include, but are not limited to, charges for manufacturer-installed or agent-installed items, earned finance charges, use taxes, and title charges.
2. “Condition” means a general problem that may be attributable to a defect in more than one part.
3. “Consumer” means the purchaser or lessee, other than for purposes of lease or resale, of a new or previously untitled motor vehicle, or any other person entitled by the terms of the warranty to enforce the obligations of the warranty during the duration of the lemon law rights period.
4. “Days” means calendar days.
5. “Department” means the attorney general.
6. “Incidental charges” means those reasonable costs incurred by the consumer, including, but not limited to, towing charges and the costs of obtaining alternative transportation, which are the direct result of the nonconformity or nonconformities which are the subject of the claim. Incidental charges do not include loss of use, loss of income, or personal injury claims.
7. “Lease price” means the aggregate of the following:
a. Lessor's actual purchase costs.
b. Collateral charges, if applicable.
c. Any fee paid to another to obtain the lease.
d. Any insurance or other costs expended by the lessor for the benefit of the lessee.
e. An amount equal to state and local use taxes, not otherwise included as collateral charges, paid by the lessor when the vehicle was initially purchased.
f. An amount equal to five percent of the lessor's actual purchase cost.
8. “Lemon law rights period” means the term of the manufacturer's written warranty, the period ending two years after the date of the original delivery of a motor vehicle to a consumer, or the first twenty-four thousand miles of operation attributable to a consumer, whichever expires first.
9. “Lessee” means any consumer who leases a motor vehicle for one year or more pursuant to a written lease agreement which provides that the lessee is responsible for repairs to the motor vehicle.
10. “Lessee cost” means the aggregate of the deposit and rental payments previously paid to the lessor for the leased vehicle.
11. “Lessor” means a person who holds the title to a motor vehicle leased to a lessee under a written lease agreement or who holds the lessor's rights under the agreement.
12. “Manufacturer” means a person engaged in the business of constructing or assembling new motor vehicles or installing on previously assembled vehicle chassis special bodies or equipment which, when installed, form an integral part of the new motor vehicle, or a person engaged in the business of importing new motor vehicles into the United States for the purpose of selling or distributing the new motor vehicles to new motor vehicle dealers.
13. “Motor vehicle” means a self-propelled vehicle purchased or leased in this state, except as provided in section 322G.15, and primarily designed for the transportation of persons or property over public streets and highways, but does not include mopeds, motorcycles, motor homes, or vehicles over ten thousand pounds gross vehicle weight rating.
14. “Nonconformity” means a defect, malfunction, or condition in a motor vehicle such that the vehicle fails to conform to the warranty, but does not include a defect, malfunction, or condition that results from an accident, abuse, neglect, modification, or alteration of the motor vehicle by persons other than the manufacturer or its authorized service agent.
15. “Person” means person as defined in section 714.16.
16. “Program” means an informal dispute settlement procedure established by a manufacturer which mediates and arbitrates motor vehicle warranty disputes arising in this state.
17. “Purchase price” means the cash price paid for the motor vehicle appearing in the sales agreement or contract, including any net allowance given for a trade-in vehicle.
18. “Reasonable offset for use” means the number of miles attributable to a consumer up to the date of the third attempt to repair the same nonconformity which is the subject of the claim, or the first attempt to repair a nonconformity that is likely to cause death or serious bodily injury, or the twentieth cumulative day when the vehicle is out of service by reason of repair of one or more nonconformities, whichever occurs first, multiplied by the purchase price of the vehicle, or in the event of a leased vehicle, the lessor's actual lease price plus an amount equal to two percent of the purchase price, and divided by one hundred twenty thousand.
19. “Replacement motor vehicle” means a motor vehicle which is identical or reasonably equivalent to the motor vehicle to be replaced, and as the motor vehicle to be replaced would have existed without the nonconformity at the time of original acquisition.
20. “Substantially impair” means to render the motor vehicle unfit, unreliable, or unsafe for warranted or ordinary use, or to significantly diminish the value of the motor vehicle.
21. “Warranty” means any written warranty issued by the manufacturer; or any affirmation of fact or promise made by the manufacturer, excluding statements made by the dealer, in connection with the sale or lease of a motor vehicle to a consumer, which relates to the nature of the material or workmanship and affirms or promises that the material or workmanship is free of defects or will meet a specified level of performance.
322G.3 Duties of manufacturer.
1. At the time of the consumer's purchase or lease of the vehicle, the manufacturer shall provide to the consumer a written statement that explains the consumer's rights and obligations under this chapter. The written statement shall be prepared by the attorney general and shall contain a telephone number that the consumer can use to obtain information from the attorney general regarding the rights and obligations provided under this chapter.
2. At the time of the consumer's purchase or lease of the vehicle, the manufacturer shall provide to the consumer the address and phone number for the zone, district, or regional office of the manufacturer for this state where a claim may be filed by the consumer. This information shall be provided to the consumer in a clear and conspicuous manner. Within thirty days of the introduction of a new model year for each make and model of motor vehicle sold in this state, the manufacturer shall notify the attorney general of such introduction. The manufacturer shall also inform the attorney general that a copy of the owner's manual and applicable written warranties shall be provided upon request and provide information as to where the request should be made. The manufacturer shall inform the attorney general where such a request should be directed and shall provide the copy of the owner's manual and applicable written warranties within five business days of a request by the attorney general.
3. A manufacturer or the authorized service agent of the manufacturer shall make repairs as necessary to conform the vehicle to the warranty if a motor vehicle does not conform to the warranty and the consumer reports the nonconformity to the manufacturer or authorized service agent during the lemon law rights period. Such repairs shall be made irrespective of whether they can be made prior to the expiration of the lemon law rights period.
4. A manufacturer or the authorized service agent of the manufacturer, shall provide to the consumer, each time the motor vehicle is returned after being examined or repaired under the warranty, a fully itemized, legible statement or repair order indicating any diagnosis made, and all work performed on the motor vehicle including, but not limited to, a general description of the problem reported by the consumer or an identification of the defect or condition, parts and labor, the date and the odometer reading when the motor vehicle was submitted for examination or repair, and the date when the repair or examination was completed.
5. Upon request from the consumer, the manufacturer, or the authorized service agent of the manufacturer, shall provide a copy of either or both of the following:
a. Any report or printout of any diagnostic computer operation compiled by the manufacturer or authorized service agent regarding an inspection or diagnosis of the motor vehicle.
b. A copy of any technical service bulletin issued by the manufacturer regarding the year and model of the motor vehicle as it pertains to any material, feature, component, or the performance of the motor vehicle.
322G.4 Nonconformity of motor vehicles.
1. After three attempts have been made to repair the same nonconformity that substantially impairs the motor vehicle, or after one attempt to repair a nonconformity that is likely to cause death or serious bodily injury, the consumer may give written notification, which shall be by certified or registered mail or by overnight service, to the manufacturer of the need to repair the nonconformity in order to allow the manufacturer a final attempt to cure the nonconformity. The manufacturer shall, within ten days after receipt of such notification, notify and provide the consumer with the opportunity to have the vehicle repaired at a reasonably accessible repair facility and after delivery of the vehicle to the designated repair facility by the consumer, the manufacturer shall, within ten days, conform the motor vehicle to the warranty. If the manufacturer fails to notify and provide the consumer with the opportunity to have the vehicle repaired at a reasonably accessible repair facility or perform the repairs within the time periods prescribed in this subsection, the requirement that the manufacturer be given a final attempt to cure the nonconformity does not apply.
After twenty or more cumulative days when the motor vehicle has been out of service by reason of repair of one or more nonconformities, the consumer may give written notification to the manufacturer which shall be by certified or registered mail or by overnight service. Commencing upon the date such notification is received, the manufacturer has ten cumulative days when the vehicle has been out of service by reason of repair of one or more nonconformities to conform the motor vehicle to the warranty.
2. If the manufacturer, or its authorized service agent, has not conformed the motor vehicle to the warranty by repairing or correcting one or more nonconformities that substantially impair the motor vehicle after a reasonable number of attempts, the manufacturer shall, within forty days of receipt of payment by the manufacturer of a reasonable offset for use by the consumer, replace the motor vehicle with a replacement motor vehicle acceptable to the consumer, or repurchase the motor vehicle from the consumer or lessor and refund to the consumer or lessor the full purchase or lease price, less a reasonable offset for use. The replacement or refund shall include payment of all collateral and reasonably incurred incidental charges. The consumer has an unconditional right to choose a refund rather than a replacement. If the consumer elects to receive a refund, and the refund exceeds the amount of the payment for a reasonable offset for use, the requirement that the consumer pay the reasonable offset for use in advance does not apply, and the manufacturer shall deduct that amount from the refund due to the consumer. If the consumer elects a replacement motor vehicle, the manufacturer shall provide the consumer a substitute motor vehicle to use until such time as the replacement vehicle is delivered to the consumer. At the time of the refund or replacement, the consumer, lien holder, or lessor shall furnish to the manufacturer clear title to and possession of the original motor vehicle.
Refunds shall be made to the consumer and lien holder of record, if any, as their interests appear. If applicable, refunds shall be made to the lessor and lessee as follows: the lessee shall receive the lessee's cost less a reasonable offset for use, and the lessor shall receive the lease price less the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle. If it is determined that the lessee is entitled to a refund pursuant to this chapter, the consumer's lease agreement with the lessor is terminated upon payment of the refund and no penalty for early termination shall be assessed. The department of revenue and finance shall refund to the manufacturer any use tax which the manufacturer refunded to the consumer, lessee, or lessor under this section, if the manufacturer provides to the department of revenue and finance a written request for a refund and evidence that the use tax was paid when the vehicle was purchased and that the manufacturer refunded the use tax to the consumer, lessee, or lessor.
3. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the warranty if, during the lemon law rights period, any of the following occur:
a. The same nonconformity that substantially impairs the motor vehicle has been subject to examination or repair at least three times by the manufacturer or its authorized service agent, plus a final attempt by the manufacturer to repair the motor vehicle if undertaken as provided for in subsection 1, and such nonconformity continues to exist.
b. A nonconformity that is likely to cause death or serious bodily injury has been subject to examination or repair at least one time by the manufacturer or its authorized service agent, plus a final attempt by the manufacturer to repair the motor vehicle if undertaken as provided for in subsection 1, and such nonconformity continues to exist.
c. The motor vehicle has been out of service by reason of repair by the manufacturer, or its authorized service agent, of one or more nonconformities that substantially impair the motor vehicle for a cumulative total of thirty or more days, exclusive of down time for routine maintenance prescribed by the owner's manual. The thirty-day period may be extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike, fire, flood, or natural disaster.
The terms of this subsection shall be extended for a period of up to two years after the date of the original delivery of a motor vehicle to a consumer, or the first twenty-four thousand miles of operation attributable to a consumer, whichever occurs first, if a nonconformity has been reported but has not been cured by the manufacturer, or its authorized service agent, before the expiration of the lemon law rights period.
4. A manufacturer, or its authorized service agent, shall not refuse to examine or repair any nonconformity for the purpose of avoiding liability under this chapter.
322G.5 Affirmative defenses.
Any of the following is an affirmative defense to a claim under this chapter:
1. The alleged nonconformity or nonconformities do not substantially impair the motor vehicle.
2. A nonconformity is the result of an accident, abuse, neglect, or unauthorized modification or alteration of the motor vehicle by a person other than the manufacturer or its authorized service agent.
3. The claim by the consumer was not filed in good faith.
4. Any other defense allowed by law which may be raised against the claim.
322G.6 Informal dispute settlement procedures
Operations and certification.
1. At the time of the consumer's purchase or lease of the vehicle, a manufacturer who has established a program certified pursuant to this section shall, at a minimum, clearly and conspicuously disclose to the consumer in written materials accompanying the vehicle how and where to file a claim with the program.
2. A certified program shall be funded and competently staffed at a level sufficient to ensure fair and expeditious resolution of all disputes, and shall not charge consumers any fee for use of the program. The manufacturer shall take all steps necessary to ensure that a certified program and its staff and decision makers are sufficiently insulated from the manufacturer so that the performance of the staff and the decisions of the decision makers are not influenced by the manufacturer. Such steps, at a minimum, shall ensure that the manufacturer does not make decisions on whether a consumer's dispute proceeds to the decision maker. Staff and decision makers of a certified program shall be trained in the provisions of this chapter and rules adopted under this chapter.
3. A certified program shall allow an oral presentation by a party, or by a party's employee, agent, or representative.
Within five days following the consumer's notification to the certified program of the dispute, the program shall inform each party of their right to make an oral presentation.
Meetings of a certified program to hear and decide disputes shall be open to observers, including either party to the dispute, on reasonable and nondiscriminatory terms.
4. A certified program shall render a decision no later than sixty days from the day of the consumer's notification of the dispute, provided that a significant number of decisions are rendered within forty days. For the purposes of this section, notification is deemed to have occurred when a certified program has received the consumer's name and address; the current date and the date of the original delivery of the motor vehicle to a consumer; the year, make, model, and identification number of the motor vehicle; and a description of the nonconformity. If the consumer has not previously notified the manufacturer of the nonconformity, the sixty-day period is extended for an additional seven days.
5. A certified program shall, in rendering decisions, take into account the provisions of this chapter and all legal and equitable factors germane to a fair and just decision. The decision shall disclose to the consumer and the manufacturer the reasons for the decision, and the manufacturer's required actions, if applicable. If the decision is in favor of the consumer, the consumer shall have up to twenty-five days from the date of receipt of the certified program's decision to indicate acceptance of the decision. The decision shall prescribe a reasonable period of time, not to exceed thirty days from the date the consumer notifies the manufacturer of acceptance of the decision, within which the manufacturer must fulfill the terms of the decision. If the manufacturer has had a reasonable number of attempts to conform a motor vehicle to the warranty as set forth in section 322G.4, subsection 3, including a final attempt by the manufacturer to repair the motor vehicle, if undertaken as provided for in section 322G.4, subsection 1, and the consumer is entitled to a replacement vehicle or a refund under section 322G.4, subsection 2, the decision shall be limited to relief as allowed under section 322G.4, subsection 2. In an action brought by a consumer under this chapter, the decision of a certified program is admissible in evidence.
6. A certified program shall establish written procedures which explain operation of the certified program. Copies of the written procedures shall be made available to any person upon request and shall be sent to the consumer upon notification of the dispute.
7. A certified program shall retain all records for each dispute for at least four years after the final disposition of the dispute. A certified program shall have an independent audit conducted annually to determine whether the manufacturer and its performance and the program and its implementation are in compliance with this chapter. All records for each dispute shall be available for the audit. Such audit, upon completion, shall be forwarded to the attorney general.
8. Any manufacturer licensed to sell motor vehicles in this state may apply to the attorney general for certification of its program. A manufacturer seeking certification of its program in this state shall submit to the attorney general an application for certification on a form prescribed by the attorney general.
9. A program certified in this state or a program established by a manufacturer applying for certification in this state shall submit to the attorney general a copy of each settlement approved by the program or decision made by the decision maker within thirty days after the settlement is reached or the decision is rendered. The decision or settlement shall contain information prescribed by the attorney general.
10. The attorney general shall review the operations of any certified program at least once annually. The attorney general shall prepare annual and periodic reports evaluating the operation of certified programs serving consumers in this state or programs established by motor vehicle manufacturers applying for certification in this state. The reports shall indicate whether certification should be granted, renewed, denied, or revoked.
11. If a manufacturer has established a program which the attorney general has certified as substantially complying with the provisions of and the rules adopted under this chapter, and has informed the consumer how and where to file a claim with the program pursuant to subsection 1, the provisions of section 322G.4, subsection 2, do not apply to any consumer who has not first resorted to the program.
322G.7 Informal dispute settlement procedure
Certification uniformity.
To facilitate uniform application, interpretation, and enforcement of this section and section 322G.6, and in implementing rules adopted pursuant to section 322G.14, the attorney general may cooperate with agencies that perform similar functions in any other states that enact these or similar sections. The cooperation authorized by this subsection may include any of the following:
1. Establishing a central depository for copies of all applications and accompanying materials submitted by manufacturers for certification, and all reports prepared, notices issued, and determinations made by the attorney general under section 322G.6.
2. Sharing and exchanging information, documents, and records pertaining to program operations.
3. Sharing personnel to perform joint reviews, surveys, and investigations of program operations.
4. Preparing joint reports evaluating program operations.
5. Granting joint certifications and certification renewals.
6. Issuing joint denials or revocations of certification.
7. Holding a joint administrative hearing.
8. Formulating, in accordance with chapter 17A, the administrative procedure Act, rules or proposed rules on matters such as guidelines, forms, statements of policy, interpretative opinions, and any other information necessary to implement section 322G.6.
322G.8 Consumer remedies.
1. If a consumer resorts to a manufacturer's certified program and a decision is not rendered within the time periods allowed in this chapter, or a manufacturer has no certified program and the consumer has notified the manufacturer pursuant to section 322G.4, subsection 1, the consumer may file an action in district court under this chapter within one year from the expiration of the lemon law rights period or an extension of the period pursuant to section 322G.4, subsection 3.
2. If a consumer resorts to a manufacturer's certified program and is not satisfied with the performance of the manufacturer as ordered in the decision, or the manufacturer does not perform as directed by the decision within the time period specified in the decision, the consumer may file an action in district court under this chapter within six months after the date prescribed in the decision by which the manufacturer must fulfill the terms of the decision. If the consumer declines to accept the decision of the manufacturer's certified program, the consumer may appeal the decision pursuant to subsection 4. For purposes of this subsection, “not satisfied with the performance of the decision” means, following the consumer's acceptance of the decision, the consumer indicates that the manufacturer failed to comply with the terms of the decision within the time specified in the decision or failed to cure the nonconformity within the time specified in the decision if further repairs were ordered.
3. In an action under either subsection 1 or 2, the court shall award a consumer who prevails the amount of any pecuniary loss, including relief the consumer is entitled to under section 322G.4, subsection 2, reasonable attorney's fees, and costs. In addition, if the court affirms the decision of the certified program, the court may award any additional amounts allowed under subsection 7.
4. A certified program's decision is final unless appealed by either party. A petition to the district court to appeal a decision must be made within fifty days after receipt of the decision or within twenty-five days from the date the consumer indicates acceptance of the decision to the manufacturer, whichever occurs first. Within seven days after the petition has been filed, the appealing party must send, by certified, registered, or express mail, a copy of the petition to the attorney general. If the attorney general receives no notice of the petition within sixty days after the manufacturer's receipt of a decision in favor of the consumer, and the consumer has indicated acceptance of the decision within the twenty-five days of receipt of the decision, but the manufacturer has neither complied with, nor petitioned to appeal the decision, the attorney general may apply to the court to impose a fine up to one thousand dollars per day against the manufacturer until the amount stands at twice the purchase price of the motor vehicle, unless the manufacturer provides clear and convincing evidence that the delay or failure was beyond its control or was acceptable to the consumer as evidenced by a written statement signed by the consumer. If the manufacturer fails to provide such evidence or fails to pay the fine, the attorney general shall initiate proceedings against the manufacturer for failure to pay the fine. The proceeds from the fine imposed shall be placed in the attorney general's motor vehicle fraud and odometer law enforcement fund for implementation and enforcement of this chapter.
5. If the manufacturer fails to comply with a decision which has been timely accepted by the consumer or fails to file a timely petition for appeal, the court shall affirm the board's decision upon application by the consumer.
6. An appeal of a decision by a certified program to the court by a consumer or a manufacturer shall be tried de novo, and may be based upon stipulated facts. In a written petition to appeal a decision by the board, the appealing party must state the action requested and the grounds relied upon for appeal.
7. If a decision of the certified program in favor of the consumer is affirmed or upheld by the court, recovery by the consumer shall include the pecuniary value of the award, including relief the consumer is entitled to under section 322G.4, subsection 2, attorney's fees incurred in obtaining confirmation of the award, and all costs and continuing damages in an amount of twenty-five dollars per day for all days beyond the twenty-five-day period following the manufacturer's receipt of the consumer's acceptance of the certified program's decision. If a court determines that a manufacturer filed a petition for appeal to be tried de novo in bad faith or brought such an appeal solely for the purpose of harassment, the court shall double, and may triple, the amount of the total award, after consideration of all circumstances.
8. Appellate review of a court decision in favor of the consumer may be conditioned upon payment by the manufacturer of the consumer's attorney's fees and giving security for costs and expenses resulting from the review period.
9. This chapter does not prohibit a consumer from pursuing other rights or remedies under any other law.
322G.9 Compliance and disciplinary action.
The attorney general may enforce and ensure compliance with the provisions of this chapter and rules adopted pursuant to section 322G.14, may issue subpoenas requiring the attendance of witnesses and the production of evidence, and may petition any court having jurisdiction to compel compliance with the subpoenas. The attorney general may levy and collect an administrative fine in an amount not to exceed one thousand dollars for each violation against any manufacturer found to be in violation of this chapter or rules adopted pursuant to section 322G.14. A manufacturer may request a hearing pursuant to chapter 17A, the administrative procedure Act, if the manufacturer contests the fine levied against it. The proceeds from any fine levied and collected pursuant to this section shall be placed in the attorney general's motor vehicle fraud and odometer law enforcement fund for implementation and enforcement of this chapter.
322G.10 Unfair or deceptive trade practice.
A violation by a manufacturer of this chapter is an unfair or deceptive trade practice in violation of section 714.16, subsection 2, paragraph “a”.
322G.11 Dealer liability.
This chapter, except for the requirements of section 322G.12, does not impose any liability on a franchised motor vehicle dealer or create a cause of action by a consumer against a dealer. A dealer shall not be made a party defendant in any action involving or relating to this chapter, except as provided in this section. The manufacturer shall not charge back or require reimbursement by the dealer for any costs, including but not limited to any refunds or vehicle replacements, incurred by the manufacturer pursuant to this chapter, in the absence of a finding by a court that the related repairs had been carried out by the dealer in a manner substantially inconsistent with the manufacturer's published instructions. A manufacturer who is found by a court to have improperly charged back a dealer because of a violation of this section is liable to the injured dealer for full reimbursement plus reasonable costs and any attorney's fees.
322G.12 Resale of returned vehicles.
Subsequent to December 31, 1991, a manufacturer who accepts the return of a motor vehicle pursuant to a settlement, determination, or decision under this chapter shall notify the state department of transportation and report the vehicle identification number of that motor vehicle within ten days after the acceptance. The state department of transportation shall note the fact that the motor vehicle was returned pursuant to this chapter on the title for the motor vehicle. A person shall not knowingly lease; or sell, either at wholesale or retail; or transfer a title to a motor vehicle returned by reason of a settlement, determination, or decision pursuant to this chapter or a similar statute of any other state unless the nature of the nonconformity is clearly and conspicuously disclosed to the prospective transferee, lessee, or buyer. The attorney general shall prescribe by rule the form, content, and procedure pertaining to such a disclosure statement, recognizing the need of manufacturers to implement a uniform disclosure form. The manufacturer shall make a reasonable effort to ensure that such disclosure is made to the first subsequent retail buyer or lessee. For purposes of this subsection, “settlement” includes an agreement entered into between the manufacturer and the consumer that occurs after the dispute has been submitted to a state-operated dispute resolution program or to a manufacturer-established program certified in this or any other state, but does not include agreements reached in informal proceedings prior to the first written or oral presentation to the state-operated or state-certified dispute resolution program by either party. “Settlement” also includes an agreement entered into between a manufacturer and a consumer that occurs after the dispute has been submitted to a dispute resolution program that is not state-operated or state-certified.
322G.13 Certain agreements void.
Any agreement entered into by a consumer that waives, limits, or disclaims the rights set forth in this chapter is void as contrary to public policy.
322G.14 Rulemaking authority.
1. The attorney general shall adopt rules as necessary to implement this chapter.
2. In prescribing rules and forms under this chapter, the attorney general may cooperate with agencies that perform similar functions in other states with a view to effectuating the policy of this chapter to achieve maximum uniformity in the form and content of certification, regulation, and procedural evaluation of manufacturer-established programs, required record keeping, required reporting wherever practicable, and required notices to consumers.
322G.15 Applicability.
This chapter applies to motor vehicles originally purchased or leased in this state by consumers on or after July 1, 1991. Except for section 322G.3, subsections 1 and 2, and section 322G.6, subsection 1, this chapter applies to motor vehicles originally purchased or leased in other states, if the consumer is a resident of this state at the time the consumer's rights are asserted under this chapter. Section 322G.14, which concerns rulemaking, shall take effect May 9, 1991.
August 31, 2006 at 11:33 am · Filed under Lemon Laws
Items that are covered under Kansas Lemon Law
Vehicles sold in the state and registered for a gross weight of 12,000 lbs. o menos. (M)
Kansas Lemon Law may apply if the following has occurred
4 repair attempts or 10 repair attempts for different defects – 30 calendar days out of service.
Length of time or miles before the Kansas Lemon Law runs out
Any warranty period or 1 year, whichever occurs first.
Lemon Law in Kansas
50-645 Motor vehicle warranties.
Definitions; consumer rights and remedies.
(a) As used in this act:
(1) “Consumer” means the original purchaser or lessee, other than for purposes of resale, of a motor vehicle; and
(2) “motor vehicle” means a new motor vehicle which is sold or leased in this state, and which is registered for a gross weight of 12,000 pounds or less, and does not include the customized parts of motor vehicles which have been added or modified by second stage manufacturers, first stage converters or second stage converters as defined in KSA 8-2401, and amendments thereto.
(b) If a motor vehicle does not conform to all applicable warranties, and the consumer reports the nonconformity to the manufacturer, its agent or its authorized dealer during the term of any warranties or during the period of one year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such warranties, notwithstanding the fact that such repairs are made after the expiration of any such term or such one-year period.
(c) If the manufacturer, or its agents or authorized dealers, are unable to conform the motor vehicle to any applicable warranty after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a comparable motor vehicle under warranty or accept return of the vehicle from the consumer and refund to the consumer the full purchase or lease price including all collateral charges, less a reasonable allowance for the consumer's use of the vehicle as calculated from the most recent edition of Your Driving Costs, published by the American automobile association. Refunds shall be made to the consumer, and lien holder if any, as their interests may appear. A reasonable allowance for use shall be that amount directly attributable to use by the consumer and any previous consumer prior to the first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair. It shall be an affirmative defense to any claim under this act that:
(1) An alleged nonconformity does not substantially impair such use and value; or
(2) a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by a consumer.
(d) If the manufacturer receives actual notice of the nonconformity, it shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable warranties, if:
(1) The same nonconformity which substantially impairs the use and value of the motor vehicle to the consumer has been subject to repair four or more times by the manufacturer or its agents or authorized dealers within the term of any warranty or during the period of one year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, but such nonconformity continues to exist;
(2) the vehicle is out of service by reason of repair for a cumulative total of 30 or more calendar days during such term or period, whichever is the earlier date; or
(3) there have been 10 or more attempts to repair any nonconformities which substantially impair the use and value of the motor vehicle to the consumer and such attempts to repair have been attempts by the manufacturer or its agents or authorized dealers.
The term of any warranty, such one-year period and such thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike, fire, flood or other natural disaster.
(e) If a manufacturer has established an informal dispute settlement procedure which complies in all respects with the provisions of title 16, code of federal regulations, part 703, as from time to time amended, the provisions of subsection (c) concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure.
(f) The attorney general shall have jurisdiction to enforce this section.
August 31, 2006 at 11:33 am · Filed under Lemon Laws
Items that are covered under Kentucky Lemon Law
Vehicles, owned by a Kentucky resident and purchased or leased new in Kentucky, and required to be registered or licensed in the state, except conversion vans, motor homes, mopeds, motorcycles, farm equipment and vehicles with more than 2 axles.
Kentucky Lemon Law may apply if the following has occurred
4 repair attempts – 30 days out of service
Length of time or miles before the Kentucky Lemon Law runs out
1 year – 12,000 miles whichever occurs first
Lemon Law in Kentucky
367.841 Definitions.
(1) “Buyer” means any resident person who buys, contracts to buy, or leases a new motor vehicle in the Commonwealth of Kentucky. In the case of the lease of a new motor vehicle, “buyer” shall mean the lessor, lessee, or both.
(2) “Manufacturer” means any person or corporation, resident or nonresident, who manufactures or assembles new motor vehicles, including new conversion van manufacturers, which are sold in the Commonwealth of Kentucky.
(3) “Motor vehicle” means every vehicle which is self-propelled, and which is intended primarily for use and operation on the public highways and required to be registered or licensed in the Commonwealth prior to such use or operation; however, “motor vehicle” shall not include:
(a) Any vehicle substantially altered after its initial sale from a dealer to an individual;(b) Motor homes;
(c) Motorcycles;
(d) Mopeds;
(e) Farm tractors and other machines used in the production, harvesting, and care of farm products; or
(f) Vehicles which have more than two (2) axles.
(4) “New motor vehicle” means a motor vehicle which has been finally and completely assembled and is in the possession of a manufacturer, factory branch, distributor, wholesaler, or an authorized motor vehicle dealer operating under a valid sales and service agreement, franchise, or contract for the sale of such vehicle granted by the manufacturer, factory branch, distributor, or wholesaler which is, in fact, new and on which the original title has never been issued.
(5) “Express warranty” or “warranty” means the written warranty, so labeled, of the manufacturer of a new automobile, including any terms or conditions precedent to the enforcement of obligations under the warranty.
(6) “Nonconformity” means a failure to conform with an express warranty in a manner which substantially impairs the use, value, or safety of the motor vehicle.
(7) “Reasonable allowance for use” means the amount directly attributable to a consumer's use of the vehicle other than those time periods when the vehicle is out of service due to the nonconformity.
367.842 Options of buyer if manufacturer unable to repair nonconformity in new motor vehicle — Rights of lienholder — Resolution of disputes — Dealer not liable.
(1) If, after a reasonable number of attempts, the manufacturer or its agents are unable to repair the nonconformity in the motor vehicle to the express warranty during the first twelve thousand (12,000) miles of operation or during the first twelve (12) months following the date of delivery to the buyer, whichever is the earlier date, that buyer shall report the nonconformity, in writing, to the manufacturer.
(2) If, within the period specified in subsection (1) of this section, the manufacturer or its agents, are unable to repair or correct any nonconformity or defect that substantially impairs the use, value, or safety of the motor vehicle, after a reasonable number of attempts, the manufacturer, at the option of the buyer, shall replace the motor vehicle with a comparable motor vehicle, or accept return of the vehicle from the buyer and refund to the buyer the full purchase price. The full purchase price shall include the amount paid for the motor vehicle, finance charge, all sales tax, license fee, registration fee, and any similar governmental charges plus all collateral charges, less a reasonable allowance for the buyer's use of the vehicle. Refunds shall be made to the buyer and lienholder, if any, as their interests may appear on the records of ownership kept by the Department of Vehicle Regulation. The provisions of this section shall not affect the interests of a lienholder, unless the lienholder consents to the replacement of the lien with a corresponding lien on the automobile accepted by the consumer in exchange for the automobile having a nonconformity, the lienholder shall be paid in full the amount due on the lien, including finance charges and other charges, before an exchange of automobiles or a refund to the consumer is made. It shall be an affirmative defense to any claim under this section that:
(a) The nonconformity, defect, or condition does not substantially impair the use, value, or safety of the motor vehicle; or
(b) The nonconformity, defect, or condition is the result of abuse, neglect, or unauthorized modification or alteration of the motor vehicle by the buyer.
(3) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranty if, within the first twelve thousand (12,000) miles of operation or during the period of, twelve (12) months following the date of original delivery of the motor vehicle to the buyer, whichever is the earlier date:
(a) The same nonconformity, defect, or condition has been subject to repair four (4) or more times by the manufacturer, but such nonconformity, defect, or condition continues to exist; or
(b) The vehicle is out of service/use by reason of repair of the same nonconformity, defect, or condition for a cumulative total of at least thirty (30) calendar days.
(4) Disputes arising under subsection (2) of this section concerning refund or replacement shall be resolved through the dispute resolution system established under either KRS 367.860 to 367.870, or 16 CFR part 703. Such remedy shall be pursued prior to seeking any judicial relief under KRS 367.843.
(5) Nothing in this chapter may be construed as imposing any liability on a dealer or creating a cause of action by a consumer against a dealer.
(6) Nothing in this section shall in any way limit the rights or remedies which are otherwise available to a buyer under any other law.
(7) Any agreement entered into by a buyer for the purchase of a new motor vehicle which waives, limits, or disclaims the rights set forth in this section shall be void as contrary to public policy.
(8) Any action brought pursuant to this section shall be commenced within two (2) years after the date of original delivery of the new motor vehicle to the buyer.
(9) A court may award reasonable attorney's fees to a prevailing plaintiff.
367.843 Action for relief by purchaser.
Any person who purchases a motor vehicle and thereby suffers any ascertainable loss of money or property, real or personal, as a result of a violation of KRS 367.842, may bring an action under the provisions of KRS 367.220 for relief.
367.844 Manufacturer prohibited from exposing franchised dealer to liability.
No manufacturer shall, directly or indirectly, by any means or methods, expose or attempt to expose any franchised dealer to liability as forbidden in KRS 367.842(4) and (5). Any violation of this section shall be subject to all applicable provisions of the law, including but not limited to the provisions of KRS 190.062(2).
367.845 Enforcement of provisions of KRS 367.842 to 367.844 by Attorney General.
Noncompliance with the provisions of KRS 367.842 to 367.844 by a manufacturer shall be unlawful. The Attorney General shall have authority to enforce KRS 367.842 to 367.844 in accordance with powers provided by KRS 367.190 and 367.230, pertaining to acts declared unlawful by KRS 367.170. Any expenses accruing to the Attorney General from the provisions of KRS 367.842 to 367.844 shall be assessed by his office upon the motor vehicle manufacturer involved in any action cited in the provisions herein.
367.846 Application of KRS 367.840 to 367.845.
KRS 367.840 to 367.845 shall apply to new motor vehicles purchased after July 15, 1986, and to motor vehicles leased after July 15, 1998.
Informal Dispute Resolution System
367.860 DEFINITIONS FOR KRS 367.865
As used in KRS 367.865 unless the context requires otherwise:
(1) “Buyer” means any resident person who buys or contracts to buy a new motor vehicle in the Commonwealth of Kentucky.
(2) “Manufacturer” means any person, resident or nonresident, who manufactures or assembles new motor vehicles which are sold in the Commonwealth of Kentucky.
(3) “Motor vehicle” means any two (2) axle, motor-driven vehicle with at least four (4) wheels which is required to be registered or licensed in the Commonwealth of Kentucky before being operated upon the highways and is used or bought for use primarily for personal, family, or household purposes.
(4) “New motor vehicle” means a motor vehicle which, after its final assembly, is either in the possession of the manufacturer, factory branch or distributor, or an authorized dealer operating under a franchise with the manufacturer, factory branch or distributor, and the legal or equitable title to which has never been the subject of a sale or transfer other than to another dealer operating under a similar franchise with the same manufacturer, factory branch or distributor.
(5) “System” means an informal dispute resolution procedure adopted by each manufacturer to resolve questions of law and fact relating to disputes between the buyer and the manufacturer arising within the first two (2) years or twenty-five thousand (25,000) miles of the buyer's ownership, whichever occurs first, including but not limited to unsatisfactory warranty repairs of the buyer's motor vehicle, mechanical malfunctions of the buyer's motor vehicle, or other problems relating to the performance of the buyer's motor vehicle.
367.865 INFORMAL DISPUTE RESOLUTION SYSTEM
(1) Effective January 1, 1983, each motor vehicle manufacturer shall offer to the buyer a comprehensive informal dispute resolution system. By transacting business in the Commonwealth of Kentucky, each manufacturer is deemed to have voluntarily consented to participate in the system. Each system shall operate pursuant to written rules and procedures which:
(a) Ensure that the system is impartial, accessible to the buyer, and expeditious, and shall operate at no cost to the buyer;(b) Provide that if the buyer elects to submit the dispute to the system, the manufacturer shall not refuse to submit the dispute to the system as long as the subject of the dispute occurred during the first two (2) years or twenty-five thousand (25,000) miles, whichever occurs first, of the buyer's ownership of the motor vehicle involved in the dispute;
(c) Provide that the system shall provide for an oral hearing, unless the buyer agrees in writing that the system shall render a decision based solely on documents submitted to it;
(d) Shall include, but is not limited to, procedures for informing the buyer of the existence of the system, preparing the agreement between the buyer and the manufacturer whereby the dispute may be submitted to the system, selecting the members of the decision-making panel, notifying the parties of the complaint, investigating the complaint, providing for hearings, rendering a fair and expeditious decision, and informing parties of the decision.
(2) The decision of the system shall be legally binding on the manufacturer. The decision of the system shall not be legally binding on the buyer, unless the manufacturer elects to have its system binding on all buyers who summit their disputes to the system. If the system is to be binding to both parties, the written agreement between the buyer and the manufacturer whereby the dispute is submitted to the system shall include in conspicuous, bold-faced type the following statement: “YOU SHOULD REMEMBER THAT BY ENTERING INTO THIS AGREEMENT YOU ARE DECIDING TO USE THIS DISPUTE RESOLUTION SYSTEM TO SETTLE YOUR DISPUTE INSTEAD OF GOING TO COURT. AFTER A DECISION BY AN ARBITRATOR, NORMALLY A COURT WILL REFUSE TO HEAR THE FACTS IN A CASE IN ALL BUT THE MOST UNUSUAL SITUATIONS. YOUR SIGNATURE IS REQUIRED IMMEDIATELY BELOW TO INDICATE THAT YOU HAVE READ THIS DISCLOSURE.______________________________”
SIGNATURE OF BUYER
(3) Before a dispute may be submitted to a system which is legally binding on both parties, the buyer shall sign the disclosure statement required by subsection (2) of this section.
(4) Each manufacturer shall take steps reasonably calculated to make the buyer aware of the existence of the system at the time the dispute arises.
(5) Each manufacturer shall take all steps necessary to ensure that the system is sufficiently insulated from the manufacturer so that the decisions of the system are not influenced by the manufacturer. The system's decision-making panel shall be composed of members at least fifty-one percent (51%) of whom have no involvement in the manufacture, distribution or sale of motor vehicles. No member deciding a dispute shall be a party to the dispute; nor shall any member deciding a dispute be an employee or agent of a party to the dispute, unless solely for the purpose of impartially deciding disputes.
(6) Nothing herein shall prohibit the manufacturer from participating in a system sponsored or administered by an impartial third party having no direct involvement in the manufacture, distribution, sale, or service of motor vehicles.
(7) Each dispute resolution system shall provide to the office of the Attorney General, upon request, the name and address of each buyer whose complaint is resolved through its system. The Attorney General shall have the authority to monitor each dispute resolution system as well as review the records on each complaint, upon request. An annual report shall be prepared and published by the office of the Attorney General evaluating the performance, effectiveness, and benefits of the system, and shall include in this report recommendations for continuing, modifying, or terminating the requirement of this section.
367.867 OTHER DISPUTE RESOLUTION SYSTEM SATISFIES REQUIREMENTS OF KRS 367.865
Notwithstanding the provisions of KRS 367.860 to 367.870, a dispute resolution system which is established pursuant to and in compliance with 16 CFR Part 703 satisfies the requirements of KRS 367.865, as long as the dispute resolution system provides each party to the dispute with the right to an oral hearing.
367.870 ENFORCEMENT OF INFORMAL DISPUTE RESOLUTION SYSTEM
Noncompliance with KRS 367.865 by a manufacturer shall be unlawful. The Attorney General shall have authority to enforce KRS 367.865 in accordance with powers provided by KRS 367.190 and 367.230 to 367.300, pertaining to acts declared unlawful by KRS 367.170
August 31, 2006 at 11:33 am · Filed under Lemon Laws
Items that are covered under Louisiana Lemon Law
Vehicles under 10,000 lbs., sold in this state and excluding motor homes, motorcycles, and vehicles used for commercial purposes only.
Louisiana Lemon Law may apply if the following has occurred
4 repair attempts – 30 calendar days out of service
Length of time or miles before the Louisiana Lemon Law runs out
Express warranty period or 1 year, whichever occurs first.
Lemon Law in Louisiana
RS51:1941
§1941. Definiciones
The following definitions apply when used in this Chapter:
(1) “Collateral costs” means sales tax, license fees, and registration fees and any similar governmental charges.(2) “Consumer” means: (3) “Dealer” means a person authorized by the manufacturer and actively engaged in the business of buying, selling, or exchanging new automobiles, new personal watercraft, new all-terrain vehicles, or new motor homes at retail and who has an established place of business.(4) “Manufacturer” means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused motor vehicles.
(5) “Manufacturer's express warranty” and “warranty” mean the written warranty of the manufacturer of a new motor vehicle of its condition and fitness for use, including any terms or conditions precedent to the enforcement of an obligation under that warranty.
(6) “Motor vehicle” means a passenger motor vehicle or a passenger and commercial motor vehicle as defined in RS 32:1252(13), sold in this state on or after September 1, 1984. “Motor vehicle” shall include a personal watercraft as defined in RS 34:855.2 and an all-terrain vehicle as defined in RS 32:771(1), sold in this state or still under warranty on or after August 15, 1999, which is used exclusively for personal and not commercial purposes. “Motor vehicle” shall include the chassis and drive train of a motor home as defined in RS 32:1252(12), sold in this state or still under warranty on or after August 15, 1999, which is used exclusively for personal and not commercial purposes. For the purposes of this Chapter, the following motor vehicles are excluded:
(a) Motor vehicles, except for motor homes, 10,000 GVW or above.(b) Motor vehicles used exclusively for commercial purposes.
(7) “Nonconformity” means any specific or generic defect or malfunction, or any defect or condition which substantially impairs the use, market value or both of a motor vehicle.
Acts 1984, No. 228,§ 1; Acts 1986, No. 553,§ 1; Acts 1999, No. 933,§ 1; Acts 1999, No. 1048,§ 1, eff. July 9, 1999. RS51:1942
§1942. Manufacturer's duty to repair; nonconformity
If a new motor vehicle does not conform to an applicable express warranty, and the consumer reports the nonconformity to the manufacturer or any of its authorized motor vehicle dealers and makes the motor vehicle available for repair before the expiration of the warranty or during a period of one year following the date of the original delivery of the motor vehicle to a consumer, whichever is the earlier date, the manufacturer, its agent, or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such warranty, notwithstanding the fact that such repairs are made after the expiration of such terms or such one-year period.
Acts 1984, No. 228,§ 1.
RS51:1943
§1943. Express warranties; time limit to conform
A.
(1) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if the vehicle is out of service by reason of repair for a cumulative total of ninety or more calendar days or the same nonconformity has been subject to repair four or more times by the manufacturer, its agent, or its authorized dealer within the warranty term or during a period of one year following the date of the original delivery of the motor vehicle to the consumer, whichever is the earlier date.(2) (a) Notwithstanding the provisions of Paragraph (1) of this Subsection, in the case of a motor home, the consumer shall provide written notification to the manufacturer of any of the following: (i) The need to repair the nonconformity.(ii) Evidence of a cumulative total of at least ninety days of the motor home being out of service.(iii) Evidence that the same nonconformity has been subject to repair four or more times by the manufacturer, its agent, or its authorized dealer within the warranty term or during a period of one year following the date of the original delivery of the motor vehicle to the consumer, whichever is the earlier date.
(b) Upon such notification, the manufacturer shall have a final attempt to repair the vehicle. The manufacturer shall have five business days upon receipt of such notification to respond to the consumer as to where the motor home may be delivered for repair. The repair facility shall be one which is authorized by the manufacturer to perform the necessary warranty work.(c) Once delivered, the repair facility shall have ten business days within which to conform the vehicle to the applicable warranty. The time periods provided for in this Paragraph may only be extended if the consumer authorizes such extension in writing.
(3) If a manufacturer fails to respond to the consumer or to perform the repairs within the time periods described in Paragraphs (1) and (2) of this Subsection, such manufacturer shall be deemed to have waived his rights to a final attempt to cure the nonconformity.
B. The term of an express warranty shall be extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike, fire, flood, or natural disaster.C. The provisions in Subsection A of this Section shall be suspended for any period of time during which repair services cannot be performed by the manufacturer, its agents, or authorized dealer because of war, invasion, strike, fire, flood, or natural disaster.
Acts 1984, No. 228,§ 1; Acts 1999, No. 933,§ 1.
RS51:1944
§1944. Motor vehicle replacement or refund
A. If a nonconformity in a motor home has not been repaired within the time periods provided for in RS 32:1943(A)(2), or if after four or more attempts within the express warranty term or during a period of one year following the date of the original delivery to the consumer of a motor vehicle which is not a motor home, whichever is the earlier, the nonconformity has not been repaired or if the vehicle is out of service by reason of repair for a cumulative total of ninety or more calendar days during the warranty period, the manufacturer shall:
(1) Replace the motor vehicle with a comparable new motor vehicle, or, at its option,(2) Accept return of the motor vehicle and refund the full purchase price plus any amounts paid by the consumer at the point of sale, and all collateral costs less a reasonable allowance for use to the consumer, or any holder of a perfected security interest in the motor vehicle, as their interest may appear, if the transaction was a sale.
B. If the transaction is a lease, the provisions of Paragraph (1) of Subsection (A) of this Section are applicable or the manufacturer may, if the lessor is willing, accept return of the motor vehicle and reimburse the lessee for all reasonable expenditures in connection with the lease, and further satisfy all conditions of the lease in connection with early termination and related charges. The lessee shall be liable for a reasonable allowance for use of the vehicle prior to the return thereof.C. A reasonable allowance for use shall be that amount directly attributable to use by the consumer prior to his first notice of nonconformity to the manufacturer, agent, or dealer and during any subsequent period when the vehicle is not out of service by reason of repair.
D. If a manufacturer has established an informal dispute settlement procedure which substantially complies with the provisions of Title 16, Code of Federal Regulations, Part 703, as from time to time amended, the provisions of Subsections (A), (B) and (C) of this Section concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure.
E. The consumer shall have no more than three years from the date he purchased the motor vehicle or until one year from the end of the warranty period, whichever is longer, in which to file suit against the manufacturer to force compliance with the provisions of this Section.
Acts 1984, No. 228,§ 1; Acts 1986, No. 553,§ 1; Acts 1995, No. 1136,§ 1; Acts 1999, No. 933,§ 1.
RS51:1945
§1945. Transfer of title; time limitation
At the time of receiving the comparable new motor vehicle or refund under RS 51:1944, the consumer, or lessor, where applicable, shall surrender the motor vehicle subject to the nonconformity to the manufacturer together with the certificate of title with all endorsements necessary to transfer title to the manufacturer. The manufacturer shall provide the consumer, or lessor, where applicable, with a comparable new motor vehicle or refund within thirty days after an offer to transfer title in compliance with this Section by the consumer, or lessor, where applicable, or within thirty days after a decision by the informal dispute settlement procedure established by the manufacturer to award a refund or replacement.
Acts 1984, No. 228,§ 1; Acts 1986, No. 553,§ 1.
RS51:1945
§1945.1. Mandatory disclosure of nonconformity to warranty by sellers
A.
(1) Upon the sale or transfer of title by a manufacturer, its agent, or any dealer of any second-hand motor vehicle, previously returned to a manufacturer for nonconformity to its warranty pursuant to the requirements of this Chapter, the manufacturer shall execute and deliver to the buyer an instrument in writing in a form prescribed by the commissioner setting forth the following information in ten point, all capital type:”IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER OR DEALER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR CONDITION WAS NOT FIXED WITHIN THE TIME PROVIDED BY LOUISIANA LAW.”(2) Such notice that a vehicle was returned to the manufacturer because it did not conform to its warranty shall also be conspicuously printed on the motor vehicle's certificate of title.
B. The failure of a dealer to deliver to the buyer the instrument required by this Section shall constitute a violation of this Chapter and shall be punishable by a fine of not less than five hundred dollars nor more than one thousand dollars for each violation.Acts 1992, No. 603,§ 1.
RS51:1946
§1946. Other remedies
Nothing in this Chapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
Acts 1984, No. 228,§ 1.
RS51:1947
§1947. Honorarios del abogado
If the motor vehicle does not conform to applicable express warranties after the consumer has complied with the requirements of this Chapter, the consumer shall be entitled to reasonable attorney fees actually incurred if a judgment is rendered in part or whole in his favor.
Acts 1985, No. 169,§ 1.
RS51:1948
§1948. Manufacturer's duty to provide reimbursement for temporary replacement vehicle; penalties
A. Whenever a motor vehicle which is covered by a manufacturer's express warranty is tendered by a consumer to the dealer from whom it was purchased or exchanged for the repair of any defect, malfunction, or nonconformity to which the warranty is applicable and at least one of the following conditions exists, the manufacturer shall provide directly to the consumer for the duration of the repair period a rental vehicle reimbursement of up to twenty dollars per day:
(1) The repair period exceeds ten work days, including the day on which the motor vehicle is tendered to the dealer for repair.(2) The defect, malfunction, or nonconformity is the same for which the motor vehicle has been tendered to the dealer for repair on two previous occasions.
B. The provisions of this Section regarding a manufacturer's duty shall extend only for the period of the length of the manufacturer's express warranty or for two years, whichever period of time occurs first.C. For violations of the provisions of Subsection A, the consumer shall be entitled to recover from the manufacturer for damages incurred and reasonable attorney fees actually incurred; however, in no event shall the amount of damages awarded be less than two hundred dollars. The provisions of this Section will become effective as to cars sold after January 1, 1987, and will not be in effect in case of war, work stoppages, and natural disasters beyond the control of the manufacturer that would prevent the timely repair or parts delivery to a dealer.
D. This Section shall not apply to personal watercraft or all-terrain vehicles tendered to a manufacturer for repair.
E. This Section shall not apply to motor homes tendered to a manufacturer for repair.
Acts 1986, No. 1058,§ 1; Acts 1999, No. 933,§ 1; Acts 1999, No. 1048,§ 1, eff. 09 de julio 1999.
August 31, 2006 at 11:33 am · Filed under Lemon Laws
Items that are covered under Maine Lemon Law
Vehicles sold or leased new in Maine except commercial vehicles over 8,000 lbs. or business or commercial enterprise registering 3 or more motor vehicles. (M)
Maine Lemon Law may apply if the following has occurred
3 repair attempts – 15 business days out of service
Length of time or miles before the Maine Lemon Law runs out
2 years or 18,000 miles, whichever occurs first.
Lemon Law in Maine
10 § 1161. Definitions As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [1983, c. 145 (new).]
1. Del Consumidor. “Consumer” means the purchaser, other than for purposes of resale, or the lessee, of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle and any other person entitled by the terms of the warranty to enforce the obligations of the warranty, except that the term “consumer” shall not include any governmental entity, or any business or commercial enterprise which registers 3 or more motor vehicles. [1987, c. 359, § 1 (amd).]
2. Del fabricante. “Manufacturer” means manufacturer, importer, distributor or anyone who is named as the warrantor on an express written warranty on a motor vehicle. [1983, c. 145 (new).]
3. Motor vehicle. “Motor vehicle” means any motor driven vehicle, designed for the conveyance of passengers or property on the public highways, which is sold or leased in this State, except that the term “motor vehicle” does not include any commercial vehicle with a gross vehicle weight of 8,500 pounds or more. [1987, c. 359, § 2 (amd).]
4. Reasonable allowance for use. “Reasonable allowance for use” means that amount obtained by multiplying the total purchase price of the vehicle by a fraction having as its denominator 100,000 and having as its numerator the number of miles that the vehicle traveled prior to the manufacturer's acceptance of its return. [1985, c. 220, § 1 (new).]
5. State-certified arbitration. “State-certified arbitration” means the informal dispute settlement procedure administered by the Department of the Attorney General which arbitrates consumer complaints dealing with new motor vehicles that may be so defective as to qualify for equitable relief under the Maine lemon laws. [1989, c. 570, §1 (new).]
10 § 1162. Scope; construction
1. Consumer rights. Nothing in this chapter in any way limits the rights or remedies which are otherwise available to a consumer under any other law. [1983, c. 145 (new).]
2. Manufacturers, distributors, agents and dealers. Nothing in this chapter in any way limits the rights or remedies of franchisees under chapter 204 or other applicable law. [1983, c. 145 (new).]
3. Waivers void. Any agreement entered into by a consumer which waives, limits or disclaims the rights set forth in this chapter shall be void as contrary to public policy. [1985, c. 220, § 2 (new).]
10 § 1163. Rights and duties
1. Repair of nonconformities. If a new motor vehicle does not conform to all express warranties, the manufacturer, its agent or authorized dealer shall make those repairs necessary to conform the vehicle to the express warranties if the consumer reports the nonconformity to the manufacturer, its agent or authorized dealer during the term of the express warranties, within a period of 2 years following the date of original delivery of the motor vehicle to a consumer, or during the first 18,000 miles of operation, whichever is the earlier date. This obligation exists notwithstanding the fact that the repairs are made after the expiration of the appropriate time period.
- A. [1989, c. 570, §2 (rp).]
- B. [1989, c. 570, §2 (rp).]
[1989, c. 570, §2 (rpr).]
2. Failure to make effective repair. If the manufacturer or its agents or authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition, or combination of defects or conditions, which substantially impairs the use, safety or value of the motor vehicle after a reasonable number of attempts, the manufacturer shall either replace the motor vehicle with a comparable new motor vehicle or accept return of the vehicle from the consumer and make a refund to the consumer and lienholder, if any, as their interests may appear. The consumer may reject any offered replacement and receive instead a refund. The refund shall consist of the following items, less a reasonable allowance for use of the vehicle:
- A. The full purchase price or, if a leased vehicle, the lease payments made to date, including any paid finance charges on the purchased or leased vehicle; [1991, c. 64 (amd).]
- B. All collateral charges, including, but not limited to, sales tax, license and registration fees and similar government charges; and [1985, c. 220, § 3 (new).]
- C. Costs incurred by the consumer for towing and storage of the vehicle and for procuring alternative transportation while the vehicle was out of service by reason of repair. [1985, c. 220, § 3 (new).]
The provisions of this section shall not affect the obligations of a consumer under a loan or sales contract or the secured interest of any secured party. The secured party shall consent to the replacement of the security interest with a corresponding security interest on a replacement motor vehicle which is accepted by the consumer in exchange for the motor vehicle, if the replacement motor vehicle is comparable in value to the original motor vehicle. If, for any reason, the security interest in the new motor vehicle having a defect or condition is not able to be replaced with a corresponding security interest on a new motor vehicle accepted by the consumer, the consumer shall accept a refund. Refunds required under this section shall be made to the consumer and the secured party, if any, as their interests exist at the time the refund is to be made. Similarly, refunds to a lessor and lessee shall be made as their interests exist at the time the refund is to be made. [1991, c. 64 (amd).]
3. Reasonable number of attempts; presumption. There is a presumption that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if:
- A. The same nonconformity has been subject to repair 3 or more times by the manufacturer or its agents or authorized dealers within the express warranty term, during the period of 2 years following the date of original delivery of the motor vehicle to a consumer or during the first 18,000 miles of operation, whichever is the earlier date, and at least 2 of those times the same agent or dealer attempted the repair but the nonconformity continues to exist; or [1989, c. 570, §3 (rpr).]
- A-1. [1989, c. 570, §3 (rp).]
- B. The vehicle is out of service by reason of repair by the manufacturer, its agents or authorized dealer, of any defect or condition or combination of defects for a cumulative total of 15 or more business days during that warranty term or the appropriate time period, whichever is the earlier date. [1989, c. 570, §3 (rpr).]
[1989, c. 570, §3 (rpr).]
3-A. Final opportunity to repair. If the manufacturer or his agents have been unable to make the repairs necessary to conform the vehicle to the express warranties, the consumer shall notify, in writing, the manufacturer or the authorized dealer of his desire for a refund or replacement. For the 7 business days following receipt by the dealer or the manufacturer of this notice, the manufacturer shall have a final opportunity to correct or repair any nonconformities. This final repair effort shall be at a repair facility that is reasonably accessible to the consumer. This repair effort shall not stay the time period within which the manufacturer must provide an arbitration hearing pursuant to section 1165. [1987, c. 359, § 4 (new).]
4. Time limit; extension. The term of an express warranty, the one-year and 2-year periods following delivery and the 15-day period provided in subsection 3, paragraph B, shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster. [1987, c. 395, § 5 (amd).]
5. Dealer liability. Nothing in this chapter may be construed as imposing any liability on a dealer or creating a cause of action by a consumer against a dealer under this section, except regarding any written express warranties made by the dealer apart from the manufacturer's own warranties. [1983, c. 145 (new).]
6. Disclosure of notice requirement. No consumer may be required to notify the manufacturer of a claim under this section, unless the manufacturer has clearly and conspicuously disclosed to the consumer, in the warranty or owner's manual, that written notification of the nonconformity is required before the consumer may be eligible for a refund or replacement of the vehicle. The manufacturer shall include with the warranty or owner's manual the name and address to which the consumer shall send the written notification. [1987, c. 395, § 6 (amd).]
6-A. Notification of dealer. Consumers may also satisfy a manufacturer's notice requirement by notifying in writing the authorized dealer of a claim under this section. The dealer shall act as the manufacturer's agent and immediately communicate to the manufacturer the consumer's claim. [1987, c. 359, § 7 (new).]
7. Disclosure at time of resale. No motor vehicle which is returned to the manufacturer under subsection 2, may be resold without clear and conspicuous written disclosure to any subsequent purchaser, whether that purchaser is a consumer or a dealer, of the following information:
- A. That the motor vehicle was returned to the manufacturer under this chapter; [1985, c. 220, § 3 (new).]
- B. That the motor vehicle did not conform to the manufacturer's express warranties; and [1985, c. 220, § 3 (new).]
- C. The ways in which the motor vehicle did not conform to the manufacturer's express warranties. [1985, c. 220, § 3 (new).]
[1985, c. 220, § 3 (new).]
10 § 1164. Affirmative defense
It is an affirmative defense to any claim under this chapter that: [1983, c. 145 (new).]
1. Lack of impairment. An alleged nonconformity does not substantially impair the use, safety or value of the motor vehicle; or [1985, c. 220, § 4 (amd).]
2. Abuse. A nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by anyone other than the manufacturer, its agents or authorized dealers since delivery to the consumer. [1983, c. 145 (new).]
10 § 1165. Informal dispute settlement
If a manufacturer has established an informal dispute settlement procedure which complies in all respects with the provisions of 16 Code of Federal Regulations, Part 703, as from time to time amended, the provisions of section 1163, subsection 2, concerning refunds or replacement shall not apply to any consumer who has not first resorted to that procedure or to state-certified arbitration. This requirement shall be satisfied 40 days after notification to the informal dispute settlement procedure of the dispute or when the procedure's duties under 16 Code of Federal Regulations, Part 703.5 (d), are completed, whichever occurs sooner. [1989, c. 570, §4 (amd).]
10 § 1166. Unfair or deceptive trade practice
A violation of any of the provisions of this chapter shall be considered prima facie evidence of an unfair or deceptive trade practice under Title 5, chapter 10. [1985, c. 220, § 6 (new).]
10 § 1167. Attorney's fees
In the case of a consumer's successful action to enforce any liability under this chapter, a court may award reasonable attorney's fees and costs incurred in connection with the action. [1985, c. 220, § 7 (new).]
10 § 1168. New car leases
For the purposes of this chapter only, the following apply to leases of new motor vehicles. [1987, c. 359, § 8 (new).]
1. Garantías. If express warranties are regularly furnished to purchasers of substantially the same kind of motor vehicles:
- A. Those warranties shall be deemed to apply to the leased motor vehicles; and [1987, c. 359, § 8 (new).]
- B. The consumer lessee shall be deemed to be the first purchaser of the motor vehicle for the purpose of any warranty provisions limiting warranty benefits to the original purchaser. [1987, c. 359, § 8 (new).]
[1987, c. 359, § 8 (new).]
2. los derechos del arrendatario. The lessee of a motor vehicle has the same rights under this chapter against the manufacturer and any person making express warranties that the lessee would have under this chapter if the vehicle had been purchased by the lessee. The manufacturer and any person making express warranties have the same duties and obligations under this chapter with respect to the vehicle that the manufacturer and other person would have under this chapter if the goods had been sold to the lessee. [1987, c. 359, § 8 (new).]
10 § 1169. State motor vehicle dispute arbitration and mediation
1. Neutral new car arbitration. All manufacturers shall submit to state-certified, new car arbitration if arbitration is requested by the consumer within 2 years from the date of original delivery to the consumer of a new motor vehicle or during the first 18,000 miles of operation, whichever comes first. State-certified arbitration shall be performed by one or more neutral arbitrators selected by the Department of the Attorney General operating in accordance with the rules promulgated pursuant to this chapter. The Attorney General may contract with an independent entity to provide arbitration or the Attorney General's office may appoint neutral arbitrators. Each party to an arbitration is entitled to one rejection of a proposed arbitrator. [1989, c. 570, §5 (new).]
2. Written findings. Each arbitration shall result in a written finding of whether the motor vehicle in dispute meets the standards set forth by this chapter for vehicles that are required to be replaced or refunded. This finding shall be issued within 45 days of receipt by the Department of the Attorney General of a properly completed written request by a consumer for state-certified arbitration under this section. All findings of fact issuing from a state-certified arbitration shall be taken as admissible evidence of whether the standards set forth in this chapter for vehicles required to be refunded or replaced have been met in any subsequent action brought by either party ensuing from the matter considered in the arbitration. The finding reporting date may be extended by 5 days if the arbitrator seeks an independent evaluation of the motor vehicle. [1989, c. 570, §5 (new).]
3. Administered by Attorney General. The Department of the Attorney General shall promulgate rules governing the proceedings of state-certified arbitration which shall promote fairness and efficiency. These rules shall include, but are not limited to, a requirement of the personal objectivity of each arbitrator in the results of the dispute that that arbitrator will hear, and the protection of the right of each party to present its case and to be in attendance during any presentation made by the other party. [1989, c. 570, §5 (new).]
4. Consumer arbitration relief. If a motor vehicle is found by state-certified arbitration to have met the standards set forth in section 1163, subsection 2, for vehicles required to be replaced or refunded, and if the manufacturer of the motor vehicle is found to have failed to provide the refund or replacement as required, the manufacturer shall, within 21 days from the receipt of a finding, deliver the refund or replacement, including the costs and collateral charges set forth in section 1163, subsection 2, or appeal the finding in Superior Court. For good cause, a manufacturer may seek from the Department of the Attorney General an extension of the time within which it must deliver to the consumer a replacement vehicle. [1989, c. 570, §5 (new).]
5. Appeal of arbitration decision. No appeal by a manufacturer or the consumer of the arbitrator's findings may be heard unless the petition for appeal is filed with the Superior Court of the county in which the sale occurred, within 21 days of issuance of the finding of the state-certified arbitration.
In the event that any state-certified arbitration resulting in an award of a refund or replacement is upheld by the court, recovery by the consumer may include continuing damages up to the amount of $25 per day for each day subsequent to the day the motor vehicle was returned to the manufacturer, pursuant to section 1163, that the vehicle was out of use as a direct result of any nonconformity, not issuing from owner negligence, accident, vandalism or any attempt to repair or substantially modify the vehicle by a person other than the manufacturer, its agent or authorized dealer, provided that the manufacturer did not make a comparable vehicle available to the consumer free of charge.
In addition to any other recovery, any prevailing consumer shall be awarded reasonable attorney's fees and costs. If the court finds that the manufacturer did not have any reasonable basis for its appeal or that the appeal was frivolous, the court shall double the amount of the total award to the consumer. [1989, c. 570, §5 (new).]
6. Consumer's rights if arbitrator denies relief. The provisions of this chapter shall not be construed to limit or restrict in any way the rights or remedies provided to consumers under this chapter or any other state law. In addition, if any consumer is dissatisfied with any finding of state-certified arbitration, the consumer shall have the right to apply to the manufacturer's informal dispute settlement procedure, if the consumer has not already done so, or may appeal that finding to the Superior Court of the county in which the sale occurred, within 21 days of the decision. [1989, c. 570, §5 (new).]
7. Disclosure of consumer lemon law rights. A clear and conspicuous disclosure of the rights of the consumer under this chapter shall be provided by the manufacturer to the consumer along with ownership manual materials. The form and manner of these notices shall be prescribed by rule of the Department of the Attorney General. The notice disclosures shall not include window stickers. [1989, c. 570, §5 (new).]
8. Manufacturer's failure to abide by arbitrator's decision. The failure of a manufacturer either to abide by the decision of state-certified arbitration or to file a timely appeal shall entitle any prevailing consumer who has brought an action to enforce this chapter to an award of no less than 2 times the actual award, unless the manufacturer can prove that the failure was beyond the manufacturer's control or can show it was the result of a written agreement with the consumer. [1989, c. 570, §5 (new).]
9. Consumer request for information. Upon request from the consumer, the manufacturer or dealer shall provide a copy of all repair records for the consumer's motor vehicle and all reports relating to that motor vehicle, including reports by the dealer or manufacturer concerning inspection, diagnosis or test-drives of that vehicle and any technical reports, bulletins or notices issued by the manufacturer regarding the specific make and model of the consumer's new motor vehicle as it pertains to any material, feature, component or the performance of the motor vehicle. [1989, c. 570, §5 (new).]
10. Penalties. It shall be prima facie evidence of an unfair trade practice under Title 5, chapter 10, for a manufacturer, within 21 days of receipt of any finding in favor of the consumer in state-certified arbitration, to fail to appeal the finding and not deliver a refund or replacement vehicle or not receive from the Department of the Attorney General an extension of time for delivery of the replacement vehicle. [1989, c. 570, §5 (new).]
11. Arbitration and mediation account. To defray the costs incurred by the Department of the Attorney General in resolving consumer new and used motor vehicle disputes through the lemon law arbitration program and, for vehicles that do not qualify for arbitration, the consumer mediation service, the following fees are imposed.
- A. A $1 lemon law arbitration program fee must be collected by the authorized new car dealer from the purchaser as part of each new motor vehicle sale agreement. [1993, c. 415, Pt. K, §2 (new).]
- B. A $1 consumer mediation service fee must be collected by the used car dealer from the purchaser as part of each used motor vehicle sale agreement. [1993, c. 415, Pt. K, §2 (new).]
The Secretary of State shall adopt rules to implement this subsection. The rules must provide that the fees imposed by this subsection must be forwarded annually by the dealer or its successor to the Secretary of State and deposited in the General Fund. At the end of each fiscal year, the Department of the Attorney General shall prepare a report listing the money generated by these fees during the fiscal year and the expenses incurred in administering its consumer dispute resolution programs. [1993, c. 415, Pt. K, §2 (rpr).]
August 31, 2006 at 11:33 am · Filed under Lemon Laws
Items that are covered under Maryland Lemon Law
Purchased or leased passenger vehicles, trucks with a ton or less rated capacity, and multi-purpose vehicles registered in the state, excluding fleets of 5 or more motor vehicles and excluding motor homes as defined under the Motor Vehicle Administration
Maryland Lemon Law may apply if the following has occurred
1 unsuccessful repair of braking or steering system failure, 4 repair attempts or 30 days out of service.
Length of time or miles before the Maryland Lemon Law runs out
15 months or 15,000 miles, whichever occurs first or 1 year/12,000 miles whichever occurs first for leased vehicles.
Lemon Law in Maryland
§ 14-1501.
(a) In this subtitle the following words have the meanings indicated.
(b) “Consumer” means:
(1) The purchaser, other than for purposes of resale, of a new motor vehicle;
(2) Any person to whom a new motor vehicle is transferred during the duration of the warranty applicable to such motor vehicle; or
(3) Any other person who is entitled to enforce the obligations of the warranty.
(C)
1) “Motor vehicle” means a vehicle that is registered in this State as a:
(i) Class A (passenger) vehicle;
(ii) Class D (motorcycle) vehicle;
(iii) Class E (truck) vehicle with a 3/4 ton or less manufacturer's rated capacity; or
(iv) Class M (multipurpose) vehicle.
(2) “Motor vehicle” does not include a motor home. For the purpose of administering this subtitle, the Motor Vehicle Administration shall promulgate a regulation defining a motor home.
(d) “Dealer” has the meaning provided in § 15-101(b) of the Transportation Article.
(e) “Manufacturer, factory branch, or distributor” means a person, partnership, association, corporation, or entity engaged in the business of manufacturing or assembling motor vehicles or of distributing motor vehicles to motor vehicle dealers as defined in § 15-201(b), (c), and (e) of the Transportation Article.
(f) “Warranty” means warranties as defined in §§ 2-312, 2-313, 2-314, and 2-315 of this article.
(G)
(1) “Manufacturer's warranty period” means the earlier of:
(i) The period of the motor vehicle's first 15,000 miles of operation; or
(ii) 15 months following the date of original delivery of the motor vehicle to the consumer.
(2) This subsection does not extend any manufacturer's express warranty.
§ 14-1502.
(a) If the manufacturer's warranty period is to include those miles of operation when the new motor vehicle is in the possession of any person other than the consumer, the manufacturer shall state that fact in 12 point bold face type in the manufacturer's written warranty.
(B)
(1) If a new motor vehicle does not conform to all applicable warranties during the warranty period, the consumer shall, during such period, report the nonconformity, defect, or condition by giving written notice to the manufacturer or factory branch by certified mail, return receipt requested. Notice of this procedure shall be conspicuously disclosed to the consumer in writing at the time of sale or delivery of the motor vehicle.
(2) The consumer shall provide an opportunity for the manufacturer or factory branch, or its agent to cure the nonconformity, defect, or condition.
(3) The manufacturer or factory branch, its agent, or its authorized dealer shall correct the nonconformity, defect, or condition at no charge to the consumer, even if repairs are made after the expiration of the warranty period. The corrections shall be completed within 30 days of the manufacturer's receipt of the consumer's notification of the nonconformity, defect, or condition.
(C)
(1) If, during the warranty period, the manufacturer or factory branch, its agent, or its authorized dealer is unable to repair or correct any defect or condition that substantially impairs the use and market value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer or factory branch, at the option of the consumer, shall:
(i) Replace the motor vehicle with a comparable motor vehicle acceptable to the consumer; or
(ii) Accept return of the motor vehicle from the consumer and refund to the consumer the full purchase price including all license fees, registration fees, and any similar governmental charges, less:
1. A reasonable allowance for the consumer's use of the vehicle not to exceed 15 percent of the purchase price; and
2. A reasonable allowance for damage not attributable to normal wear but not to include damage resulting from a nonconformity, defect, or condition.
(2) The manufacturer or factory branch shall make refunds under this section to the consumer and lienholder, if any, as their interests appear on the records of ownership maintained by the Motor Vehicle Administration.
(3) It is an affirmative defense to any claim under this section that the nonconformity, defect, or condition:
(i) Does not substantially impair the use and market value of the motor vehicle; or
(ii) Is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle.
(d) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable warranties if:
(1) The same nonconformity, defect, or condition has been subject to repair 4 or more times by the manufacturer or factory branch, or its agents or authorized dealers, within the warranty period but such nonconformity, defect, or condition continues to exist;
(2) The vehicle is out of service by reason of repair of 1 or more nonconformities, defects, or conditions for a cumulative total of 30 or more days during the warranty period; or
(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.
(e) The term of any warranty, the warranty period, and the 30 day out of service period shall be extended by any time during which repair services are not available to the consumer by reason of war, invasion, strike, or fire, flood, or other natural disaster.
(F)
(1)
(i) It shall be the duty of a dealer to notify the manufacturer of the existence of a nonconformity, defect, or condition within 7 days when the motor vehicle is delivered to the same dealer for a fourth time for repair of the same nonconformity or when the vehicle is out of service by reason of repair of one or more nonconformities, defects, or conditions for a cumulative total of 20 days.
(ii) The notification shall be sent by certified mail and a copy of the notification shall be sent to the Motor Vehicle Administration; however, failure of the dealer to give the required notice required under this subsection shall not affect the consumer's right under this subtitle.
(2) If a motor vehicle is returned to a manufacturer or factory branch either under this subtitle, or by judgment, decree, arbitration award, or by voluntary agreement, the manufacturer or factory branch shall notify the Motor Vehicle Administration in writing within 15 days of the fact that the vehicle was returned.
(G)
(1)
(i) If a motor vehicle that is returned to the manufacturer under either this subtitle or by judgment, decree, arbitration award, settlement agreement, or by voluntary agreement in this or any other state and is then transferred to a dealer in Maryland, the manufacturer shall disclose this information to the dealer.
(ii) The manufacturer's disclosure under this paragraph shall be in writing on a separate piece of paper in 10 point all capital type and shall state in a clear and conspicuous manner:
1. That the motor vehicle was returned to the manufacturer or factory branch;
2. The nature of the defect, if any, that resulted in the return; and
3. The condition of the motor vehicle at the time that it is transferred to the dealer.
(2)
(i) If the returned vehicle is then made available for resale, the seller shall provide a copy of the manufacturer's disclosure form to the consumer prior to sale.
(ii) If the returned vehicle is sold, the seller shall send a copy of the manufacturer's disclosure form, signed by the consumer, to the Administration.
(h) This section does not limit the rights or remedies that are otherwise available to a consumer under any other law, including any implied warranties.
(I)
(1) If a manufacturer or factory branch has established an informal dispute settlement procedure which complies in all respects with the provisions of Title 16, Code of Federal Regulations, Part 703, as amended, a consumer may resort to that procedure before subsection (c) of this section applies.
(2) A consumer who has resorted to an informal dispute settlement procedure may not be precluded from seeking the rights or remedies available by law.
(J)
(1) Any agreement entered into by a consumer for the purchase of a new motor vehicle that waives, limits, or disclaims the rights set forth in this section shall be void.
(2) The rights available to a consumer under this section shall inure to a subsequent transferee of a new motor vehicle for the duration of the applicable warranties.
(k) Any action brought under this section shall be commenced within 3 years of the date of original delivery of the motor vehicle to the consumer.
(L)
(1) A court may award reasonable attorney's fees to a prevailing plaintiff under this section.
(2) If it appears to the satisfaction of the court that an action is brought in bad faith or is of a frivolous nature, the court may order the offending party to pay to the other party reasonable attorney's fees.
(m) This subtitle does not apply to a fleet purchase of five or more motor vehicles.
§ 14-1502.1.
(a) The Motor Vehicle Administration shall:
(1) Develop a notice that describes the rights provided to consumers under this subtitle;
(2) Make the notice available to all dealers that sell new motor vehicles in the State; and
(3) Adopt regulations as necessary to implement the provisions of this section.
(b) The notice shall:
(1) Be written in simple and readable plain language; and
(2) Contain sufficient detail to fully inform consumers about the rights and remedies available under this subtitle and the procedures to follow to enforce those rights and remedies.
(c) Each dealer that sells a new motor vehicle in the State shall provide to the purchaser, at the time of the sale or delivery of the motor vehicle, a copy of the notice developed by the Motor Vehicle Administration under this section.
§ 14-1503.
(A)
(1) If a dealer, manufacturer, factory branch, or distributor is required under a judgment, decree, arbitration award, or settlement agreement to accept, or by voluntary agreement accepts, return of a motor vehicle from a consumer, the consumer shall be entitled to recover from the Motor Vehicle Administration the excise taxes originally paid by the consumer, subject to subsection (b) of this section.
(2)
(i) If a dealer, manufacturer, factory branch, or distributor replaces a motor vehicle with a comparable motor vehicle under § 14-1502(c)(1)(i) of this subtitle, the Motor Vehicle Administration shall allow a credit against the excise tax imposed for the replacement vehicle in the amount of the excise taxes originally paid by the consumer for the returned vehicle, subject to subsection (b) of this section.
(Ii)
1. If the excise tax on the replacement vehicle exceeds the credit allowed under subparagraph (i) of this paragraph, the dealer shall collect only that portion of excise tax due; or
2. If the excise tax on the vehicle being replaced exceeds the excise tax on the replacement vehicle, the consumer shall be entitled to recover from the Motor Vehicle Administration the excess of the excise tax paid.
(b) The excise taxes that a consumer is entitled to recover under this section shall be calculated based on the amount of the purchase price or any portion of the purchase price of the motor vehicle that the dealer, manufacturer, factory branch, or distributor refunds to the consumer.
(c) A dealer, manufacturer, factory branch, or distributor who is required under a judgment, decree, arbitration award, or settlement agreement to accept, or who accepts, by voluntary agreement, return of a motor vehicle shall notify the consumer in writing that the consumer is entitled to recover the excise taxes from the Motor Vehicle Administration.
§ 14-1504.
(a) A violation of this subtitle shall be an unfair and deceptive trade practice under Title 13 of the Commercial Law Article.
(b) In addition to any other remedies that may be available under this subtitle, if a manufacturer, factory branch, or distributor is found to have acted in bad faith, the court may award the consumer damages of up to $10,000.
August 31, 2006 at 11:33 am · Filed under Lemon Laws
Items that are covered under Massachusetts Lemon Law
Vehicles, except those used primarily for business purposes, off-road vehicles, auto homes and motorized bicycles. (M)
Massachusetts Lemon Law may apply if the following has occurred
3 repair attempts – 15 busines days out of service
Length of time or miles before the Massachusetts Lemon Law runs out
1 year or 15,000 miles, whichever occurs first.
Lemon Law in Massachusetts
Chapter 90: Section 7N – Voiding contracts of sale.
Section 7N. Notwithstanding any disclaimer of warranty, a motor vehicle contract of sale may be voided by the buyer if the motor vehicle fails to pass, within seven days from the date of such sale, the periodic staggered inspection at an inspection station licensed pursuant to section seven W; provided, that the defects which are the reasons for the failure to issue a certificate of inspection were not caused by the abusive or negligent operation of the motor vehicle or by damage resulting from an accident or collision occurring after the date of the sale; and provided, further, that the cost of repairs necessary to permit the issuance of a certificate of inspection exceeds ten per cent of the purchase price of the motor vehicle.
In order to void a motor vehicle sale under this section the buyer shall, within fourteen days from the date of sale, notify the seller of his intention to do so, deliver the motor vehicle to the seller, provide the seller with a written statement signed by an authorized agent of such inspection station stating the reasons why the motor vehicle failed to pass the safety or combined safety and emissions inspection and an estimate of the cost of necessary repairs. The buyer shall be entitled to a refund of his purchase price unless the buyer and seller agree in writing that the seller may make the necessary repairs at his own cost and expense within a reasonable period of time thereafter. This section shall apply only to motor vehicles purchased for the immediate personal or family use of the buyer.
Chapter 90: Section 7N¼ – Express warranty by dealer of used motor vehicle; issuance; consumer's rights and remedies.
Section 7N¼ (1) For the purposes of this section the following words shall have the following meanings:–
“Business day”, Monday to Friday, inclusive, except for state or federal holidays.”Consumer”, a buyer, other than for purposes of resale, of a motor vehicle, any person to whom such motor vehicle is transferred during the period of any express or statutory warranty under this section applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce its obligations.”Dealer”, any person engaged in the business of selling, offering for sale, or negotiating the retail sale of used motor vehicles or selling motor vehicles as broker or agent for another, including the officers, agents and employees of such person and any combination or association of dealers, but not including a bank or other financial institution, or the commonwealth, its agencies, bureaus, boards, commissions, authorities, nor any of its political subdivisions. A person shall be deemed to be engaged in the business of selling used motor vehicles if such person has sold more than three used motor vehicles in the preceding twelve months. “Motor vehicle” or “vehicle”, any motor vehicle as defined in section one, sold or replaced by a dealer or manufacturer, except that it shall not include auto homes, vehicles built primarily for off-road use or any vehicle used primarily for business purposes.
“Private seller”, any person who is not a dealer and who offers to sell or sells a used motor vehicle to a consumer.
“Purchase price”, the total of all payments made for the purchase of a vehicle, including but not limited to any finance charges, registration fees, payments made for credit life, accident, health, and damage insurance, and collision and related comprehensive insurance coverages and service contracts and the value of a trade-in.
“Repurchase price”, the purchase price, as defined above, less any cash award that was made by the dealer in an attempt to resolve the dispute and was accepted by the consumer, and less any refunds or rebates to which the consumer is entitled, plus any incidental damages not previously reimbursed, including but not limited to the reasonable costs of towing from point of breakdown up to thirty miles to obtain required repairs or to return the vehicle under this section, and the reasonable costs of obtaining alternative transportation during the applicable warranty period after the second day following each such breakdown not to exceed fifteen dollars vehicle rental charges for each day in which the cost of such alternative transportation is reimbursable.
“Used motor vehicle” or “used vehicle”, any vehicle driven more than the limited use necessary in moving or road testing a new vehicle prior to delivery to a consumer, including a demonstrator vehicle, except that it shall not include auto homes, vehicles built primarily for off road use, motorcycles, or any vehicle used primarily for business purposes.
(2)
(A) (i) No used motor vehicle shall be sold in the commonwealth by a dealer to a consumer unless accompanied by an express written warranty covering the full cost of both parts and labor necessary to repair any defect that impairs the said used motor vehicle's safety or use; provided, however, that the consumer may be required to pay no more than one hundred dollars total toward the repair of any covered defect, series of defects or combination of defects during the warranty period. Defects that affect only appearance shall not be deemed to impair safety or use for the purposes of this section. For the purposes of this section, defect shall include defect, malfunction or any combination or defects or malfunctions.(ii) Defects or malfunctions which involve parts or components that are covered or are warranted under an express warranty issued by the dealer of the used motor vehicle shall be excluded from this section if the following conditions have been met: the manufacturer's warranty has been duly assigned or transferred to the buyer; is enforceable according to its terms; is not inconsistent with this section; and, the seller has assured that the repair authorized by such manufacturer's express warranty was made.The terms of the seller's warranty shall be tolled for any period of time the used motor vehicle is out of service by reason of repair under the manufacturer's warranty.
(B) The express warranties required by this section shall be of the following durations:
(i) For a used motor vehicle which, at the time of sale, has been operated less than forty thousand miles, ninety days or three thousand seven hundred and fifty miles, whichever occurs first. Said ninety days or three thousand seven hundred and fifty mile warranty is in addition to any right the consumer may have under section seven N?.(ii) For a used motor vehicle which, at the time of sale, has been operated forty thousand miles or more, but less than eighty thousand miles, sixty days or two thousand five hundred miles, whichever first occur.(iii) For a used motor vehicle which, at the time of sale, has been operated eighty thousand miles or more, but less than one hundred and twenty-five thousand miles, thirty days or one thousand two hundred and fifty miles, whichever first occur. (iv) If the used motor vehicle's true mileage is not known, such warranty period shall be determined by the age of said used motor vehicle in the following manner: a used motor vehicle three years old or less shall have a warranty as provided in clause (i); a used motor vehicle more than three, but less than six years old, shall have a warranty as provided in clause (ii); and a used motor vehicle six years old or more shall have a warranty as provided in clause (iii). A used motor vehicle's age shall be determined by subtracting its model year from the year in which the warranty holder purchased said used vehicle.
(C) The warranty periods established by this section shall be tolled during any period in which the used motor vehicle is out of service as a result of any repair attempt pursuant to any warranty created by this section. The applicable warranty period shall be extended thirty days from the date of completion of any repair required by this section as to the defect repaired if the warranty would otherwise have expired during such period.
(3)
(A) A dealer may repair, within the meaning of this section, either by performing the repair himself or by arranging and making payment for prompt repair by another. (i) A consumer shall return a vehicle for repair under this section by presenting it to the dealer no later than five business days after the expiration of the applicable warranty period and informing him of the defect. Said return period shall be tolled during any time period in which the consumer has notified the dealer of the defect but cannot reasonably present the vehicle to the dealer; including, but not limited to, the reason that a used motor vehicle is inoperable and the dealer refuses to pay the charge to tow said vehicle. The dealer shall immediately accept return of a vehicle when it is so presented. Said used motor vehicle shall be deemed out of service commencing the day it is so presented, notwithstanding any dealer's failure to accept its return on said day. During the applicable warranty period and the aforesaid return period, the dealer shall pay the reasonable costs of towing from point of breakdown up to thirty miles to obtain required repairs or to return the vehicle to the dealer.Upon return of the used motor vehicle to the consumer after repair, the dealer shall provide the consumer with a warranty repair receipt describing (a) the defect complained of, (b) the work performed in an attempt to correct such defect and the identity of the repairer if it is not the dealer, and (c) the parts replaced in performing such work. For the dealer to toll the ten business day period as provided in clause (ii) of this paragraph said dealer shall attach to each such warranty repair receipt copies of such order forms, invoices, receipts or other evidence of a parts order and its receipt to evidence his compliance with this paragraph.(ii) If the dealer fails to repair the same defect within three attempts, or if the used motor vehicle is out of service for more than a cumulative total of ten business days after the consumer has returned it to the dealer for repair of the same, then the dealer shall accept return of the vehicle from the consumer and refund the full repurchase price, less a reasonable allowance for use. A reasonable allowance for use shall be fifteen cents for each mile the used motor vehicle has been operated between its sale and the dealer's repurchase. A consumer shall have the option of retaining the use of any vehicle returned under the provisions of this section until such time as said consumer has been tendered a full refund. The use of any vehicle retained by a consumer after its return to a manufacturer under the provisions of this section, shall, in instances in which a refund is tendered, be reflected in the above-mentioned reasonable allowance for use.
A used motor vehicle shall not be considered out of service for purposes of the ten business-day period described hereinabove for any day in which a part necessary to repair a defect complained of is not in the dealer's possession; provided, however, that the dealer has ordered the part by reasonable means on the same day on which he knew or should have known that the part was necessary, except that in no event shall a part's unavailability operate to toll the ten business-day period for more than twenty-one days. The applicable warranty period shall be extended by the number of days a part is unavailable.
(iii) All dealers shall submit to state-certified, used car arbitration, if such arbitration is requested by the consumer, asserting his or her right to a repurchase under this section, within six months from the date of original delivery to such consumer of a used motor vehicle. State-certified, used car arbitration shall be performed by a professional arbitrator or arbitration firm appointed by the secretary of consumer affairs and business regulation and operating in accordance with the regulations promulgated pursuant to this section, and shall result in a written finding of whether the motor vehicle in dispute meets the standards set forth by this section for vehicles that are required to be repurchased. Said finding shall be issued within forty-five days of receipt by said secretary of a request by a consumer for state-certified arbitration under this section. Said secretary shall promulgate rules and regulations governing the proceedings of state-certified, used car arbitration which shall promote their fairness and efficiency. Such rules and regulations shall include, but not be limited to, a requirement of the personal objectivity of each such arbitrator, and the protection of the right of each party to present its case and to be in attendance during any presentation made by the other party.
If a motor vehicle is found by state-certified, used car arbitration to have met the standards set forth by this section for vehicles required to be repurchased, and if the dealer who sold said motor vehicle is found to have failed to provide said refund as required, such dealer shall, within twenty-one days from the issuance of such finding, deliver such refund, including the incidental and other costs set forth in the definition of “repurchase price” or appeal the finding in a district or superior court. No such appeal by a dealer shall be heard unless the petition for such appeal is filed with the clerk of the district or superior court within twenty-one days of issuance of the finding of the state-certified arbitration and is accompanied by a bond in a principal sum equal to the money award made by the state-certified arbitrator plus five hundred dollars for anticipated attorneys' fees, secured by cash or its equivalent, payable to the consumer.
The liability of the surety of any bond filed pursuant to this section shall be limited to the indemnification of the consumer in the action. Such bond shall not limit or impair any right of recovery otherwise available pursuant to law, nor shall the amount of the bond be relevant in determining the amount of recovery to which the consumer shall be entitled.
Upon an appeal, the court shall vacate the award only if:
(a) the award was procured by corruption, fraud or other undue means;(b) there was evident partiality by an arbitrator or corruption in any of the arbitrators, or misconduct prejudicing the rights of any party; or(c) the arbitrators exceeded their powers.
In addition to any other rights and remedies, any consumer dissatisfied with any finding of state-certified, used car arbitration shall have the right to file a claim pursuant to chapter ninety-three A.In addition to any other recovery, any prevailing consumer shall be awarded reasonable attorneys' fees and costs.
Whoever, within twenty-one days of any finding in favor of the consumer of the state-certified, used car arbitration, fails to appeal such finding and does not deliver a refund shall be punished by a fine of fifty dollars per day until the delivery of such refund. Said fine shall not exceed five hundred dollars for each such violation. The amount of said fine shall begin to accumulate on the twenty-second day following the arbitration decision. If eighty-one days has elapsed from the issuance of a finding in favor of the consumer of the state-certified, used car arbitration, and no appeal has been taken and no award delivered and no fine paid, the attorney general shall initiate proceedings against dealer for failure to pay said fine. The proceedings initiated pursuant to the provisions of this section shall be commenced in superior court department of the trial court.
In addition to the remedies hereinbefore provided, the attorney general may bring an action on behalf of the commonwealth to restrain further violation of this section, to enforce any provision, and for such other relief as may be appropriate.
(iv) At any time within the applicable warranty period and after a consumer has complained of a defect, notwithstanding any objection from the consumer, the dealer shall have the option of repurchasing a used vehicle and refunding the full repurchase price, less a reasonable allowance for use. A reasonable allowance for use shall be fifteen cents for each mile the used motor vehicle had been operated between its sale and the dealer's repurchase.
(v) If the dealer is required to or elects to repurchase a vehicle under the terms of this section, the consumer and dealer shall cooperate with each other to execute all necessary documents in order to clear the title of any encumbrances on the repurchased vehicle.
(B) It shall be an affirmative defense to any claim under this section that an alleged defect (i) does not impair the vehicle's use or safety, (ii) is the result of owner negligence, abuse, damage caused by accident, vandalism, or, an attempt to repair the vehicle by a person other than the dealer, the dealer's designee, or the manufacturer's representative under clause (ii) of paragraph (A) of subsection (2), (iii) is the result of any attempt by the consumer to modify the vehicle, (iv) was covered or warranted under an express warranty issued by the manufacturer of such used motor vehicle, that such warranty issued by the manufacturer of such used motor vehicle was in effect during the warranty period established by this section, so long as the conditions in said clause (ii) of said paragraph (A) of said subsection (2) are met.
(4) Clear and conspicuous notice of the warranties created by this section, of the rights pertaining thereto, and of the implied warranty of merchantability shall be given to the consumer in writing at the time the consumer purchases a used motor vehicle from the dealer. Failure to provide such notice shall toll the warranty periods under this section until such notice is given.(5) The secretary of consumer affairs and business regulation shall promulgate rules and regulations to implement the notice provisions of this section. Said rules and regulations shall include the establishment of wording, format, placement, and distribution of all notices specified in this section. In her discretion, and in order to facilitate ease of understanding by consumers, said secretary may consolidate the notices required by this section and any other notices pertaining to the purchase of motor vehicles; provided, however, that such consolidation does not render the notices inconsistent with any of the provisions of this section or any other law. Each notice required by this section shall describe the procedures available to redress violations of this section and shall contain the telephone number of the attorney general's consumer protection division complaint section and the executive office of consumer affairs and business regulation.
(6) A dealer's failure to comply with any of the provisions of this section shall constitute an unfair or deceptive act under the provisions of chapter ninety-three A.
(7) Notwithstanding any provisions of law to the contrary, this section shall not apply to any used motor vehicle sold by a dealer to a consumer for less than seven hundred dollars.
(8) A private seller shall clearly disclose to any prospective buyer, before the sale is completed, all defects the seller knows of which impair the used motor vehicle's safety or substantially impair its use. Failure to so disclose known defects shall entitle the buyer, within thirty days after the sale, to rescind the sale and be entitled to return of all monies paid to the seller less a reasonable amount for use as defined in clause (iv) of paragraph (A) subsection (3). In any subsequent action by a buyer under this section, if the court finds that the settlement offer was unreasonable in light of the circumstances or that the private seller has otherwise failed to comply with the requirements of this subsection, in addition to damages, it shall award the buyer reasonable attorneys' fees and costs; if the court finds that the buyer's action was frivolous or not in good faith, it shall award the seller reasonable attorneys' fees and costs. It shall be an affirmative defense in any such action that an alleged defect does not impair the vehicle's safety, or substantially impair its use, or that it is the result of the buyer's negligence, abuse, damage caused by accident, vandalism or attempt to modify the vehicle.
(9) Nothing in this section shall be construed in any way to limit the enforceability of any implied warranties created by law, any rights created by section seven N or seven N?, or chapter ninety-three A or any rules and regulations promulgated pursuant thereto, or express warranties given by a dealer in connection with the sale of a used motor vehicle, or any other rights or remedies available to consumers under applicable law.
(10) If a consumer is eligible for relief under the provisions of section seven N?, to have repairs effected or other relief provided under the provisions of an express warranty covering such used motor vehicle issued by the manufacturer of such used motor vehicle, said consumer shall make reasonable effort in accordance with the terms and conditions thereof to obtain such relief or repairs before seeking enforcement of rights under this section. If the consumer, notwithstanding his eligibility to do so, is unable to enforce rights under said section seven N? or under such express warranty and the dealer provides such relief or, in accordance with the provisions of this section, repurchases such used motor vehicle, the dealer shall be subrogated to the rights of such consumer against such manufacturer under the provisions of said section seven N?, such express warranty and otherwise in accordance with applicable law, and may enforce the same in his name in the superior court or district court department. Such manufacturer shall hold the dealer harmless from and against all damages, liabilities, losses and reasonable expenses of suit, including reasonable attorneys' fees arising out of or incurred by the dealer by its compliance with the provisions of this section if such manufacturer, having been notified in writing by the dealer that such rights have been asserted by a consumer, fails to resolve the same at its own expense in or within seven business days.
(11) The licensing authorities responsible pursuant to section fifty-nine of chapter one hundred and forty for licensing used motor vehicle dealers shall distribute copies of this section to each dealer licensed at any time a license is granted or renewed.
(12) The provisions of this section shall not apply to the sale of a leased vehicle by a lessor to the lessee of said vehicle, a family member or employee of said lessee or to the sale of a used motor vehicle by an employer to his employee.
(13) Any action brought pursuant to this section shall be commenced within two years of the date of original delivery of the used motor vehicle to the consumer. (Added by 1987, 289, Sec. 1.)
Chapter 90: Section 7N½. Defective or malfunctioning new motor vehicles; sale and repair or replacement.
Section 7N½. (1) For purposes of this section the following terms shall have the following meanings:
“Business day”, any day during which the service departments of authorized dealers of the manufacturer of the motor vehicle are normally open for business.”Consumer”, a buyer or lessee, other than for purposes of resale, of a motor vehicle, any person to whom such motor vehicle is transferred during the duration of any express or implied warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce its obligations.”Dealer”, any class one seller of motor vehicles as defined in section fifty-eight of chapter one hundred and forty. “Lessee”, any person who acquires the right to possession of and use of a motor vehicle under a lease agreement for a term of not less than one year.
“Manufacturer”, any person who is engaged in the business of manufacturing motor vehicles, or, in the case of motor vehicles not manufactured in the United States, any person who is engaged in the business of importing motor vehicles.
“Motor vehicle” or “vehicle”, any motor vehicle as defined in section one sold, leased or replaced by a dealer or manufacturer after the effective date of this section, except that it shall not include auto homes, vehicles built primarily for off-road use or any vehicle used primarily for business purposes.
“Nonconformity”, any specific or generic defect or malfunction, or any concurrent combination of such defects or malfunctions that substantially impairs the use, market value or safety of a motor vehicle.
“Term of protection”, one year or fifteen thousand miles of use from the date of original delivery of a new motor vehicle, whichever comes first; or, in the case of a replacement vehicle provided by a manufacturer to a consumer under this section, one year or fifteen thousand miles from the date of delivery to the consumer of said replacement vehicle, whichever comes first.
(2) If a motor vehicle does not conform to any applicable express or implied warranty, and the consumer reports the nonconformity to the manufacturer of the vehicle, its agent or its authorized dealer during the term of protection, the manufacturer, its agent or its authorized dealer shall effect such repairs as are necessary to conform the vehicle to such warranty.If the manufacturer, its agent or authorized dealer does not conform the motor vehicle to any such applicable express or implied warranty by curing any nonconformity after a reasonable number of attempts, the manufacturer shall accept return of the vehicle from the consumer. In instances in which a vehicle is sold and subsequently returned, the manufacturer shall refund the full contract price of the vehicle including all credits and allowances for any trade-in vehicle, less any cash award that was made by the manufacturer in an attempt to resolve the dispute and was accepted by the consumer, and a reasonable allowance for use, or shall offer to replace the vehicle. In instances in which a vehicle is leased and subsequently returned, the manufacturer shall refund all payments made by the consumer to the manufacturer under the terms of the lease agreement less any cash award that was made by the manufacturer in an attempt to resolve the dispute and was accepted by the consumer, and a reasonable allowance for use, or shall offer to replace the vehicle. The consumer shall have an unqualified right to reject a manufacturer's offer of replacement and demand a refund. In instances in which a vehicle is replaced by a manufacturer under the provisions of this section, said manufacturer shall reimburse the consumer for any fees for the transfer of registration or any sales tax incurred by the consumer as a result of such replacement. In instances in which a leased vehicle is replaced by a manufacturer under the terms of this section, an identical model vehicle shall be provided to the consumer for the remaining term of the original lease agreement. In instances in which a vehicle which was financed by the manufacturer or its subsidiary or agent is replaced under the provisions of this section, said manufacturer, subsidiary or agent shall not require the consumer to enter into any refinancing agreement which would create any financial obligations upon such consumer beyond those implied by the original financing agreement. In instances in which a vehicle which was leased from a dealer or manufacturer is replaced under the provisions of this section, said dealer or manufacturer shall not require the consumer to enter into any lease agreement which would create any financial obligations upon such consumer beyond those implied by the original lease agreement. In instances in which a refund is tendered under the provisions of this section, the manufacturer shall also reimburse the consumer for incidental costs including sales tax, registration fee, finance charges and any cost of options added by an authorized dealer. Whenever a vehicle is replaced a refund is given under the provisions of this section, in instances in which towing services and rental vehicles were not made available at no cost to the consumer, the manufacturer shall also reimburse the consumer for towing and reasonable rental costs that were a direct result of vehicle nonconformity. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear. A reasonable allowance for use for all motor vehicles other than motorcycles shall be obtained by multiplying the total contract price of the vehicle, or in the case of a leased vehicle the total amount of payments made by the consumer to the manufacturer under the terms of the lease agreement, by a fraction having as its denominator one hundred thousand and having as its numerator the number of miles that vehicle traveled prior to the manufacturer's acceptance of its return. A reasonable allowance for use for motorcycles shall be obtained by multiplying the total contract price of the motorcycle by a fraction having as its denominator twenty-five thousand and having as its numerator the number of miles that the vehicle traveled prior to the manufacturer's acceptance of its return.
It shall be an affirmative defense to any claim under this section: (i) that an alleged nonconformity does not substantially impair the use, market value or safety of the vehicle; (ii) that a nonconformity is the result of owner negligence, damage caused by accident, vandalism, or attempt to repair the vehicle by a person other than the manufacturer, its agent or authorized dealer; or (iii) that a nonconformity is the result of any attempt substantially to modify the vehicle which was not authorized by the manufacturer.
A consumer shall have the option of retaining the use of any vehicle returned under the provisions of this section until such time as said consumer has been tendered a full refund or a replacement that is acceptable to the consumer. The use of any vehicle retained by a consumer after its return to a manufacturer under the provisions of this section, shall, in instances in which a refund is tendered, be reflected in the above mentioned reasonable allowance for use.
(4) A reasonable number of attempts shall be deemed to have been undertaken to conform a motor vehicle to any applicable express or implied warranties if (a) the same nonconformity has been subject to repair three or more times by the manufacturer or its agents or authorized dealers within the term of protection, but such nonconformity continues to exist or such nonconformity has recurred within the term of protection, or (b) the vehicle is out of service by reason of repair of any nonconformity for a cumulative total of fifteen or more business days during the term of protection; provided, however, that the manufacturer shall be afforded one additional opportunity, not to exceed seven business days, to cure any nonconformity arising during the term of protection, notwithstanding the fact that such additional opportunity to cure commences after the term of protection. Such additional opportunity to cure shall commence on the day the manufacturer first knows or should have known that the limits specified in clause (a) or (b) have been met or exceeded. The term of protection, said fifteen business day period and said additional opportunity to cure shall be extended by any period of time during which repair services are not available to the consumer as a direct result of a war, invasion, fire, flood or other natural disaster. The term of protection, said fifteen business day period and said additional opportunity to cure shall also be extended by that period of time during which repair services are not available as a direct result of a strike; provided, however, that the manufacturer, its agent, or authorized dealer provides or makes provision for the free use of a vehicle to any consumer whose vehicle is out of service by reason of repair during a strike. The burden shall be on the manufacturer to show that any event claimed as a reason for an extension under the provisions of this paragraph was the direct cause for the failure of the manufacturer, its agent or authorized dealer to cure any nonconformity during the time of said event. Extensions for concurrent events shall not be cumulative.
(5) Nothing in this section shall be construed as imposing any liability on an authorized dealer or creating any cause of action by a consumer against a dealer under the provisions of this section.
Nothing in this section shall be construed to limit the rights or remedies which are otherwise available to a consumer or manufacturer under any other applicable provision of law.
Nothing in this section shall be construed as imposing any liability on a dealer or creating a cause of action by a manufacturer against its authorized dealer under this section except with respect to (i) failure by an authorized dealer to properly effect preparation, installation of options or repairs when such preparation, installation of options or repairs would have prevented the occurrence of or cured a nonconformity; (ii) express warranties offered by an authorized dealer which exceed the provisions of the manufacturer's express warranties; and (iii) that portion of the cost of reimbursing a consumer for dealer-added options which represents the dealer profit from the addition of such options. The manufacturer shall reimburse its authorized dealer for all incidental and consequential damages, including attorney's fees, incurred by such dealer as a direct result of any legal action brought by a consumer under this section.
No consumer shall be required by any manufacturer, its agent or its authorized dealer to give notice directly to a manufacturer of the existence of any nonconformity before resorting to state-certified, new car arbitration.
No motor vehicle that is returned to the manufacturer under the provisions of this section shall be resold in the commonwealth without clear and conspicuous written disclosure of the fact that it was so returned prior to resale of the vehicle. The attorney general shall prescribe the exact form and content of any such disclosure statement.
(6) All manufacturers shall submit to state-certified, new car arbitration, if such arbitration is requested by the consumer within eighteen months from the date of original delivery to such consumer of a new motor vehicle. State-certified, new car arbitration shall be performed by a professional arbitrator or arbitration firm appointed by the secretary of consumer affairs and business regulation and operating in accordance with the regulations promulgated pursuant to this section, and shall result in a written finding of whether the motor vehicle in dispute meets the standards set forth by this section for vehicles that are required to be replaced or refunded. Said finding shall be issued within forty-five days of receipt by said secretary of a request by a consumer for state-certified arbitration under this section. Said secretary shall promulgate rules and regulations governing the proceedings of state-certified, new car arbitration which shall promote their fairness and efficiency. Such rules and regulations shall include, but not be limited to, a requirement of the personal objectivity of each arbitrator in the results of the dispute he will hear, and the protection of the right of each party to present its case and to be in attendance during any presentation made by the other party. All findings of fact issuing from a state-certified, new car arbitration shall be taken as prima facie evidence of whether the standards set forth in this section for vehicles required to be refunded or replaced have been met in any subsequent action brought by either party ensuing from the matter considered in said arbitration.
If a motor vehicle is found by state-certified, new car arbitration to have met the standards set forth by this section for vehicles required to be replaced or refunded, and if the manufacturer of said motor vehicle is found to have failed to provide said refund or replacement as required, such manufacturer shall, within twenty-one days from the issuance of such finding, deliver such refund or replacement, including the incidental and other costs set forth in subsection (3), or appeal the finding in superior court. No appeal by a manufacturer shall be heard unless the petition for such appeal is filed with the clerk of the superior court within twenty-one days of issuance of the finding of the state-certified arbitration and is accompanied by a bond in a principal sum equal to the money award made by the state-certified arbitrator plus two thousand five hundred dollars for anticipated attorneys' fees, secured by cash or its equivalent, payable to the consumer.
The liability of the surety of any bond filed pursuant to this section shall be limited to the indemnification of the consumer in the action. Such bond shall not limit or impair any right of recovery otherwise available pursuant to law, nor shall the amount of the bond be relevant in determining the amount of recovery to which the consumer shall be entitled. In the event that any state-certified arbitration, resulting in an award of a refund or replacement, is upheld by the court, recovery by the consumer shall include continuing damages in the amount of twenty-five dollars per day for each day, subsequent to the day the motor vehicle was returned to the manufacturer pursuant to subsection three, that said vehicle was out of use as a direct result of any nonconformity not issuing from owner negligence, accident, vandalism, or any attempt to repair or substantially modify the vehicle by a person other than the manufacturer, its agent or authorized dealer; provided, however, that the manufacturer did not make a comparable vehicle available to the consumer free of charge. In addition to any other recovery, any prevailing consumer shall be awarded reasonable attorneys' fees and costs. If the court finds that the manufacturer did not have any reasonable basis for its appeal or that the appeal was frivolous, the court shall double the amount of the total award made to the consumer. Any consumer dissatisfied with any finding of state-certified, new car arbitration shall have the right to file a claim pursuant to chapter ninety-three A.
(6A) A clear and conspicuous listing of the rights of the consumer under this section shall be affixed by a sticker to a window of each new motor vehicle offered for sale or lease in the commonwealth. An enumeration of these rights shall also be provided along with ownership manual materials. The form and manner of these notices shall be prescribed by the secretary of consumer affairs and business regulations.
(7) Failure to comply with any of the provisions of this section shall constitute an unfair or deceptive act under the provisions of chapter ninety-three A. The failure of a manufacturer either to abide by the decision of a state-certified arbitration or to file a timely appeal shall entitle any prevailing consumer to an award of no less than two times the actual damages, unless said manufacturer can prove that such failure was beyond his control. For the purposes of said chapter ninety-three A, the timely delivery by a manufacturer of a refund or acceptable replacement, pursuant to a finding by state-certified arbitration, shall constitute the granting of relief upon demand.
The secretary of consumer affairs and business regulation shall inform the office of the attorney general of any method, act or practice of which she is aware that is deemed by her to be a violation of any provision of this section.
(8) Whoever, within twenty-one days of any finding in favor of the consumer of the state-certified, new car arbitration, fails to appeal such finding and does not deliver a refund or replacement vehicle or notify the consumer of the estimated delivery date of the replacement vehicle, shall be punished by a fine of five thousand dollars per day until the delivery of such refund or replacement. The estimated delivery date shall not exceed sixty days from the date the manufacturer notifies the consumer that a delivery will be made. Said fine shall not exceed fifty thousand dollars for each such violation. The amount of said fine shall begin to accumulate on the twenty-second day following the arbitration decision. If eighty-one days has elapsed from the issuance of a finding in favor of the consumer of the state-certified, new car arbitration and no appeal has been taken and no award delivered and no fine paid, the attorney general shall initiate proceedings against said manufacturer for failure to pay said fine. The proceedings initiated pursuant to the provisions of this section shall be commenced in superior court department of the trial court.
In addition to the remedies hereinbefore provided, the attorney general may bring an action on behalf of the commonwealth to restrain further violation of this section, to enforce any provision, and for such other relief as may be appropriate.
