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What is the Lemon Law in Maine?
In the state of Maine, if your vehicle is determined to be a lemon, you are entitled to a refund of your money minus a deduction for mileage from the mileage at the first repair, and the manufacturer also pays off your loan, and you return the vehicle to the manufacturer. Or in the alternative, you’re entitled to a replacement vehicle. You’d be entitled to a new vehicle in place of your current vehicle, and there’s also the possibility of cash compensation where you keep your vehicle. In all of those instances, the manufacturer’s required to pay the attorney’s fees as well.
What vehicles Are Covered Under the Maine Lemon Law?
Maine lemon law covers new, used, and leased cars, SUVs, vans, trucks, motorcycles, and RVs that are purchased in Maine from a new car dealer. Covered vehicles are those with defects that occur within the manufacturer’s express warranty, three years from the original owner’s date of delivery, or 18,000 miles on the odometer, whichever comes first. In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, safety or value of the vehicle
- Has manufacturer’s defects that occurred during the first three years from the original owner’s delivery date, before the expiration of the manufacturer’s warranty, or before there are 18,000 miles on the odometer (whichever period ends first)
- Has been taken in three times for the same problem, one time for a serious failure of the braking or steering system, or if it has been out of service for 15 business days due to a series of unrelated problems
- Is for personal use or is owned by a business that registers fewer than three vehicles
- The manufacturer has been notified and has been given a final attempt at repairing the vehicle
- You have participated in the manufacturer’s informal dispute resolution process or the Maine lemon law Arbitration Program.
There are a number of other Maine laws that can be helpful if your vehicle doesn’t meet the definitions of a lemon, including:
- If your brand new car is seriously defective, you can reject it using the Maine Uniform Commercial Code. The Main Attorney General recommends that you consult an attorney in order to properly reject a vehicle.
- Maine’s implied warranty law states that you can initiate a court action within four years of purchase.
- Eligibility for damages if the dealer made substantial repairs to a “new” vehicle before selling it to you.
- You can participate in the Maine Lemon Law Arbitration Program if you apply within two years from the date your vehicle was originally sold and if the vehicle is within the manufacturer’s warranty period.
Maine Revised Statutes 10 1161-1169 is the state’s lemon law.
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Does the Maine Lemon Law apply to used cars?
Typically a vehicle that is purchased used may still qualify as a lemon if it was purchased and the problems occurred while the vehicle was still under the manufacturers new car warranty or possibly covered by a certified pre-owned warranty or extended warranty. Finally it should be noted that a used vehicle that is purchased as is and without a warranty cannot qualify as a lemon under the ME Lemon Law.
Getting Lemon Justice — Relief Under Maine Law
Maine lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:
- The full purchase price of the vehicle
- Registration fees
- Sales tax
- Document fees
- Title fees
- Interest paid on vehicle financing
- Towing and alternative transportation fees
- Expert witness fees
- Attorney’s fees
The amount of the monetary reward may be reduced by a deduction for your use of the vehicle, calculated as one-third of the IRS standard deduction for operating a car for business miles driven, or 10% of the purchase price, whichever is less.
Pursuing a ME Lemon Law Claim
Under Maine lemon law, before you are eligible to file a lemon law claim in court, you must participate in your vehicle manufacturer’s dispute resolution process (for example, arbitration, conciliation, or mediation) if they have one, or the Maine Lemon Law Arbitration Program. You must also notify the manufacturer of the problem with your vehicle after the third repair attempt (or the first for a serious defect in the steering or braking system), and give the manufacturer the opportunity to fix it one last time. The demand letter should be sent certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
Once the manufacturer receives your letter, they have seven days to make a final repair attempt. If they don’t attempt to fix the problem, or if they can’t fix the problem, you can enter the state arbitration program. With state arbitration, after your request has been accepted, you’ll get a decision within 45 days.
If you do not agree with the arbitrator’s decision, you have the right to either appeal it in court or to file a new court action against the manufacturer.
Hiring a Lemon Law Lawyer in Maine
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 15,000 people recover more than $35 million.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.
What Happens When You Hire a Lemon Law Lawyer?
A good lemon lawyer will work on your behalf to get the compensation to which you’re entitled – typically in the form of a refund, a replacement vehicle, or a cash settlement. Your Lemon Law attorney will ask you for all of your records, such as repair orders and correspondence, that pertain to your lemon. Your lawyer will conduct a thorough investigation of your vehicle’s repair history, then present the manufacturer with a statement outlining your case and demanding full recovery. More often than not, the manufacturer will settle; if not, though, your Lemon Law attorney should be prepared to sue the manufacturer. Your lawyer should be able to resolve your case within one to two months.
I bought a 2012 jeep liberty on May 12 2022. On the first day I had it the check light and tire pressure light came on. I took it to Ethan Danis from Rotary Garage on June 30 2022 in Augusta Maine because there was no heat. He said the check engine lights that came on were from the Pan getting stuck and needed a replace. Ethan does not do radiator work and sent me to kims garage. I did not get an apt until Oct. They said there was fix a leak in the radiator and head gasket may be cracked and quoted 3k to fix. I did not want to pay that much and they recommended not fixing it. Ethan recommended not fixing it. I took it to capital car care in Augusta and they flushed the radiator twice and said there was still black gunk in the system. I took it back a second time and there was black oil in the radiator and said oil is leaking into the radiator from a bad gasket and not to fix the head gasket. The reason I have no heat is because of a warn head gasket that can overheat and seize any minute. Kims garage said it was driven this way for a very long time. Capital car said the same thing and the oil was in a gel state when they flushed it the first time. I called the dealer I bought it from, Linrick auto, and they said I drove the car 25k miles and anything could have happened that was my fault. He said there is a 1 year 12000 mile warranty and I was over it so nothing is covered. Oh I also took it to my employers mechanic who said he could not fix it or flush the radiator. He recommended flushing the radiator to see what problem is there. The car was around 18k and I’m just waiting for it to die. Please help me.
I bought a 2012 GMC Terrain on the 4th of Jan of this year. The check engine light came on and it stalled twice putting it in reverse to back up. Called the salesman they had it fixed. A day or two later and it happens again. They fixed it. The next day it happens again and it sits in the driveway since. I’m paying on something that I can’t drive.
Used car dealer sold me car with prior head gasket problems knowledge, never disclosed it, warranty was limited to 30 days 1, 000 mile’s care was purchased Nov,30/Dec overheating problem would not present until outside air temp went up in April, which is when problems started ,is this covered under deceived sale and failure to disclose the issue they knew about and admitted