Maine Lemon Law: Private Sales And You

does the maine lemon law apply to private sales

The Maine Lemon Law protects consumers who have purchased a new or used vehicle with serious defects. The law applies to vehicles bought or leased in Maine, excluding commercial vehicles weighing over 8,500 pounds. Consumers are protected if their vehicle has a defect that substantially impairs its use, safety, or value, and the manufacturer has been unable to repair it after a reasonable number of attempts. The law defines a reasonable number of attempts as three or more repair attempts for the same defect, or one attempt for a serious braking or steering problem. If these criteria are met, consumers can apply for a State Lemon Law Arbitration Hearing and receive a decision within 45 days of their application being accepted.

Characteristics Values
What is a lemon? A vehicle with a serious problem or several reoccurring problems that can't be fixed.
What vehicles are covered under the lemon law? New cars, motorcycles, and motor homes.
What is the time limit for manufacturer repair? Term of express warranties within a period of 3 years following the date of original delivery to the consumer, or during the first 18,000 miles, whichever is the earlier date.
What is the lemon law term of protection? The length of the manufacturer’s express warranty, 3 years from the date of delivery to the original consumer buyer, or 18,000 miles of use, whichever comes first.
What is a reasonable number of attempts? 3 or more times trying to fix the same defect, or just one repair was attempted for a serious failure of either the braking or steering system.
What is the final opportunity to repair? The consumer shall notify, in writing, the manufacturer or the authorized dealer of their desire for a refund or replacement, giving them 7 business days to fix the defect.
What is the lemon law process? State-run arbitration to decide lemon law disputes.
What is the outcome of a successful lemon law case? The manufacturer either has to refund the money or replace the car.

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What is the lemon law in Maine?

The Maine Lemon Law protects consumers who have serious defects in their new or used vehicles. The law defines a "lemon" as a vehicle purchased or leased in Maine, which has a defect that substantially impairs the use, safety or value of the vehicle, and which has not been repaired after a reasonable number of attempts.

The law covers any new or used:

  • Car
  • Motorcycle
  • Van
  • Truck
  • Recreational vehicle (RV)

Bought or leased by a consumer in Maine from a dealer and which is still within the Lemon Law's "term of protection". This period is defined as the length of the manufacturer's express warranty, three years from the date of delivery to the original consumer buyer, or 18,000 miles of use, whichever comes first.

The Lemon Law also covers vehicles that are resold during this "term of protection". The only new vehicles not covered are those purchased for a governmental agency, a business that registers three or more vehicles, commercial vehicles weighing 8,500 pounds or more, or vehicles purchased for resale.

To qualify under the Lemon Law, a vehicle must have:

  • Had three attempts to repair the same serious problem without success.
  • Had one attempt to repair a serious braking or steering problem (a safety issue) that wasn't fixed.
  • Been out of service for 15 business days for repairs of one or more problems, and the problem is still not resolved.

If the above requirements are met, the consumer has the right to a refund or a replacement vehicle. If the manufacturer refuses, the consumer can seek a State Lemon Law Arbitration Hearing and receive a decision within 45 days of the acceptance of their application. This state arbitration service is provided free of charge.

If the arbitrator finds in favor of the consumer, the manufacturer must either offer a replacement vehicle or refund the money. The consumer is free to reject a replacement vehicle and demand a refund. However, they cannot reject a refund and demand a replacement. The refund will include the contract price of the vehicle, collateral charges, and reasonable costs incurred by the consumer for towing and storage of the vehicle, and procuring alternative transportation. A "reasonable allowance for use" will be deducted from the refund amount.

Even if a vehicle is too old or has too many miles to qualify under the Lemon Law, other related car-buying laws may provide an avenue to recover cash damages that can help with repairs or a trade-in.

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What vehicles are covered by the Maine lemon law?

The Maine Lemon Law covers any new or used vehicle purchased or leased in the state of Maine, including cars, motorcycles, and motor homes. The law defines a "lemon" as a vehicle with a defect that substantially impairs its use, safety, or value and which the dealer or manufacturer has been unable to repair after a reasonable number of attempts.

To be covered by the Lemon Law, the vehicle must meet certain requirements:

  • It must be purchased or leased in Maine.
  • It must be designed for the conveyance of passengers or property on public highways.
  • It must have fewer than 18,000 miles or be purchased within the last three years, whichever comes first.
  • It must not be used primarily for commercial purposes with a gross vehicle weight of over 8,500 pounds.

The Lemon Law also covers vehicles that are resold during the "term of protection," which is defined as the length of the manufacturer's express warranty, three years from the date of delivery to the original consumer buyer, or 18,000 miles of use, whichever comes first.

It's important to note that the Lemon Law does not cover defects that do not substantially impair the vehicle's use, value, or safety, defects caused by owner negligence, or defects resulting from accidents, vandalism, or unauthorized repairs.

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What is the lemon law process in Maine?

The Maine Lemon Law protects consumers who have serious defects in their new vehicles. The law defines a "lemon" as a vehicle either purchased or leased in Maine, which has a defect that substantially impairs the use, safety or value of the vehicle, and which has not been repaired after a reasonable number of attempts.

If your vehicle is found to be a lemon, the manufacturer must give you a replacement vehicle or refund your money. The law covers all new or used cars sold or leased in Maine that are covered by a written warranty and intended for use on public roads and highways. It does not cover vehicles that weigh 8,500 pounds or more.

To qualify under the Lemon Law, your vehicle must meet certain timing and mileage requirements:

  • Your vehicle has had three attempts to repair the same serious problem and it is not fixed.
  • Your vehicle has had one attempt to repair a serious braking or steering problem (a safety issue) that wasn't fixed.
  • Your vehicle has been out of service for 15 business days for repairs of one or more problems, and the problem is still not resolved.

In addition, you must report the defect to the manufacturer before either of the following Lemon Law limits have been reached:

  • Three years from the date your vehicle was originally sold, and
  • The end of the manufacturer's express warranty term.

If you meet the above requirements, you can apply for a free State Lemon Law Arbitration Hearing and receive a decision within 45 days of the acceptance of your application. You can apply for State Lemon Law Arbitration within two years from the date your car was originally sold and within the manufacturer's warranty coverage period.

If the arbitrator finds in favor of the consumer, the consumer may receive a replacement vehicle or choose a refund. The manufacturer must refund the full price paid for the vehicle, including any finance charges and collateral charges such as sales tax, registration fees, and titling fees. The manufacturer must also reimburse the buyer for any fees incurred as a result of the problem, such as towing charges, storage fees, and alternate transportation costs.

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What is the new car lemon law in Maine?

The Maine Lemon Law protects consumers who have serious defects in their new vehicles. The law defines a "lemon" as a vehicle either purchased or leased in Maine, which has a defect that substantially impairs the use, safety or value of the vehicle, and which has not been repaired after a reasonable number of attempts.

The law covers new or used cars, motorcycles, and motor homes. However, it does not cover vehicles with the following types of problems: defects that do not substantially impair the vehicle's use, value, or safety; defects caused by owner negligence; defects resulting from accidents or vandalism; and defects resulting from unauthorized repairs by someone other than the manufacturer, its agents, or authorized dealers.

To qualify under the Lemon Law, the vehicle must meet certain timing and mileage requirements. The vehicle must be within three years of the date it was originally bought, or the end of the manufacturer's express warranty term, whichever comes first. It must also have under 18,000 miles on the odometer.

In addition to the timing and mileage requirements, the Lemon Law may be invoked if:

  • The vehicle has had three attempts to repair the same serious problem and it is still not fixed.
  • The vehicle has had one attempt to repair a serious braking or steering problem (a safety issue) that wasn't fixed.
  • The vehicle has been out of service for 15 business days for repairs of one or more problems, and the problem is still not resolved.

If the manufacturer is unable to repair the vehicle, the consumer has the right to argue their case before a State Arbitrator, free of charge. This hearing must take place within 45 days of acceptance of the Lemon Law application. If the Arbitrator concludes that the vehicle is indeed a lemon, the consumer can receive either a new vehicle or a refund of the purchase price.

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What is the used car lemon law in Maine?

Maine's lemon laws are more expansive compared to other states. They protect consumers who buy both new and used cars, although there are some exceptions.

Only certain vehicles will qualify under Maine’s lemon laws, but the definition is broader than many other states. It includes any new or used:

  • Car
  • Motorcycle
  • Motor home
  • Van
  • Truck
  • Recreational vehicle (RV)

The vehicle must have been purchased or leased from a dealer in Maine. The car must also be within the “term of protection.”. This means that the car must have fewer than 18,000 miles, or it must have been purchased within the last three years. The term of protection will expire with the lesser of these two requirements.

Maine Lemon Law Requirements

While federal laws such as the Magnuson-Moss Warranty Act govern product liability and warranties, Maine lemon laws provide specific protections for owners of new (and used) vehicles that are defective.

  • The vehicle can be new or used, purchased or leased in Maine.
  • The car must have less than 18,000 miles, or you must have owned (or leased) it for less than three years, whichever comes first.
  • The manufacturer must be given a reasonable number of attempts to fix the defect before lemon laws apply.
  • Reasonable attempts include three or more times trying to fix the same defect, or just one repair was attempted for a serious failure of either the braking or steering system.
  • Attempts are also considered reasonable if the defect or combination of defects resulted in having the car out of service for a total of 15 business days.

What to Do if You Have a Lemon Car

Once you start the lemon law process, you must give the manufacturer one final opportunity to repair by contacting them in writing to provide them with seven business days to fix the defect.

Maine uses a state-run arbitration process to decide lemon law disputes. You can request a State Lemon Law Arbitration Hearing and receive a decision within 45 days of acceptance of your application with no cost, except for the $1.00 lemon law fee that you pay when you purchase a new vehicle.

If you win your lemon law case, then the manufacturer either has to refund your money or replace your car.

Used Car Lemon Law in Maine

Maine is one of the few states that offers lemon law protection for some used vehicles. Dealers are required to note whether a vehicle has been through the lemon law arbitration process in the past on the title. This type of information further protects consumers so that they do not purchase a vehicle that has already been determined to be a lemon through the arbitration process.

Maine's Used Car Information Act provides consumers with additional legal remedies that are similar to the new car lemon laws in Maine, but they are more limited. Specifically, it states that if a used car has a serious defect, someone can immediately reject a vehicle and demand that their money is returned. If your used car cannot meet state inspection requirements, then the dealer may be required to repair your vehicle free of charge.

Frequently asked questions

No, the Maine Lemon Law only applies to vehicles purchased or leased from a dealer in Maine.

The Lemon Law protects consumers who have serious defects in their new vehicles.

A serious defect is any defect that substantially impairs the use, safety, or value of the vehicle.

The Lemon Law covers any new or used car, motorcycle, van, truck, or recreational vehicle (RV) bought or leased in Maine from a dealer.

If you think you have a lemon, you should speak with a Maine lemon law lawyer to help you navigate your rights and get compensation for your defective vehicle.

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