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Maine

MAINE Lemon Law:

Me. Rev. Stat. Ann. tit. 10, §§ 1161 to 1169

Vehicles covered: Vehicles sold or leased in-state to convey passengers

or property; excludes vehicles over 8500 lbs. gross vehicle

weight used primarily for commercial purposes (§ 1161(3)).

Persons covered: Purchasers or lessees, transferees during express

warranty period, or any person entitled to enforce the warranty.

Excludes government, business or commercial enterprises with

three or more vehicles (§ 1161(1)).

Period covered: Whichever comes first: expiry of term of express

warranty, three years from date of delivery, or 18,000 miles

(§ 1163(1)).

Disclosure requirements: Manufacturer must disclose in the warranty

or owner’s manual that written notification of a nonconformity

is required; include name and address (§ 1163(6)).

Required consumer notice: Written notification to the manufacturer,

its agent, or authorized dealer, if the manufacturer complied

with disclosure requirement (§ 1163(1), (3-A), (6-A)).

Repair requirements: It is presumed that a reasonable number of

attempts have been made if the same nonconformity is subjected to

three or more repairs, or if the vehicle is out of service for a

cumulative total of fifteen or more business days (§ 1163(3)). If the

nonconformity has resulted in a serious failure of the braking or

steering system, the presumption applies if the vehicle has been

subject to one or more repair attempts (§ 1163(A-2)). Final opportunity

to cure within seven days of receipt of required notice from

consumer (§ 1163(3-A)).

Affırmative defenses: Lack of impairment—the nonconformity

does not substantially impair the use, safety or value of the vehicle

(§ 1164(1)); abuse—the nonconformity is the result of the consumer’s

abuse, neglect, or unauthorized modifications or alterations

(§ 1164(2)).

Replace/refund: At the consumer’s option, the manufacturer shall

replace with a new, comparable vehicle, or refund the full purchase

price less a reasonable use allowance (defined) (§ 1163(2)).

Other reimbursement: Refund of the purchase price, or if a lease,

payments made to date, collateral charges (defined), and costs

(§ 1163(2)). Attorney fees and costs (§ 1167).

Other remedies: There is no limit on other consumer remedies

(§ 1162(1)). Violation considered unfair and deceptive trade practice

(§ 1166).

Informal dispute resolution: For remedies under this section a

consumer must first use an informal dispute settlement procedure

established by the manufacturer, provided the procedure complies

with 16 C.F.R. pt. 703, or state-certified arbitration (defined in

§ 1169) (§ 1165).

Resale of lemon: Full disclosure required (§ 1163(7), (8)).