If you purchased a defective new or used vehicle, especially one with a very high monthly payment, a very high interest rate and the vehicle lost substantial value the instant you drove it off of the lot, your worst nightmore is if your seller will not treat you fairly and will not correct your problems. If your worst nightmare is to make continuing monthly payments on a vehicle that is defective, will continue to depreciate and continue to cause you futher expeness, we can frequently help get your money back damages or both. Most importantly, we can eliminate continued damaging high monthly payments for a vehicle that is defective and will continue to go down in value each month.

The more days you have the vehicle and the more miles you put on the vehicle, the more use and enjoyment you are deemed to have, and the weaker your case will beome. The quicker the correct action is taken on your behalf, the better your chances will be to get your money refunded and become released from making continued payments. We suggest you provide the dealer a reasonable opportunity prior to scheduling an appointment with our office. If this applies to you, an schedule can appointment by calling 410-484-4900 to determine if it is possible to make your worst finanical nightmare go away.

"...Thanks for getting me out of my contract with my used car that was three years old and had 38,000 miles when purchased, that I had for five months and now has 43,000 miles. I highly recommend your representation which was excellant in every way...."~~Baltimore City

"....Thanks for getting my money back and getting me out of the contract...."~~Prince George's County

"....A job well done, I never thought I would be able to get out of the contract and get my down payment back. Thanks again...."~~Baltimore County

"...." I do not know what I would have done if you do did not get me out of the contract and I had to keep paying the monthly payments and repairs. Thanks...." ~~Prince George's County

It is frequently possible to have the deposit you paid for a defective vehicle returned to you in full with all costs and expenses.

It is frequently possible to have the contact you signed for a defective vehicle declared null and void so you no longer have to continue to pay for your defective vehicle.

The longer you have the vehicle, the more days you have your vehicle or the more milage you accumulate on your vehicle, the more benefit you are deemed to have and the less likely your chances will be to get your money back, damages or both.

The longer you procrastinate or delay to initiate legal action, the weaker your case will be.

Generally, the sooner in time legal action is initiated on your behalf, the better your chances will be of getting your money back and getting out of your contract so you do not have to continue to pay for a defective vehicle.

Most decisions can be made instantly to properly repair or not repair your vehicle, replace or not replace your vehicle or to return your money.

You are most likely in an extremely bad situation if your seller will not provide an immediate written decision of their intentions. They are very much aware time and milage is on their side and weaken your chances to get your money back. In these situations the customer is duped twice, once for accepting a defective vehicle and secondly for permitting a potentially successful case to fade away.

We have separate programs for new and used vehicles.

You can start your case right now, by telephone, if you feel you have been sold a defective vehicle. We know what exactly what to do. Call 410-484-4900.

Have you been sold a lemon?.

Have you taken your vehicle back to the seller and have repairs not been made?
Did you recently purchase a defective vehicle that is always in the shop?
Are your car problems constantly costing you time, money and trouble?
Does your lemon vehicle not work properly?

If your vehicle is a lemon, we can get your money back or a replacement vehicle.

What can we help with?

We can help with Cars - Trucks - Mini-vans - SUVs - Vans - RVs - Boats - Motorcycles

If you have wasted your time speaking with people who have no authority to help you, are constantly wasting time dropping your defective vehicle at the dealership, spending hour after hour explaining problems to deaf ears and suspect you have a lemon, you can start your case by telephone right now 410-484-4900.

Are you making payments on a lemon?

If you are making payments on vehicle that is a lemon, we may be able to get you out of the contract.

Lemon Law Frequently Asked Questions

What to do if you have a Lemon Law Claim?

1. Check the vehicle’s warranty in order to inform yourself about the proper steps to take to guarantee legal recourse. (A warranty is a written guarantee that the vehicle is of good, sound quality.)

2. Hopefully, you can resolve the problem with your automobile dealer. They should want to remedy the problem to maximize future car sales.

3. If you cannot resolve the problem with your automobile dealer, contact our firm by calling us at 410-484-4900 We will attempt to quickly. Should the manufacturer refuse to comply with it's lemon law obligations we will promptly file suit seeking compensation for you.

What is a "Lemon?"

The American Heritage Dictionary defines a lemon as: "One that is or proves to be unsatisfactory…" (Houghton Mifflin Company, Boston, 2nd College Ed., ฉ 1985). However, in an effort to further define such a broad term, the Lemon Law attempts to define certain situations which entitle consumers to their money back or a new vehicle. In a nutshell, any defect or nonconformity, or combination of defects, which is/are not repaired within a reasonable number of attempts or a reasonable amount of time, may entitle you to lemon law relief. Your vehicle does NOT have to be breaking down to be considered a lemon. In short, if you are aggravated enough to be reading this you may have a lemon.

When Does my Vehicle Qualify?

There is really no such thing as "Qualifying." This is a common misconception (sometimes spread by uninformed individuals at your authorized dealer). First, the standards that are used by the lemon law to define nonconformities and reasonable number of repair attempts can be interpreted differently by different people. Ultimately, those people may be a jury deciding you case. Second, there are other laws which can be used to help you receive compensation in the event that you do not have a case for technical reasons under the Lemon Law. (Also see "What if I do not Meet any of the presumptions.")

What if I Start having Problems After the First Year?

You may still be entitled to compensation. There are other laws which govern warranties which may be used to assist you, including Federal law. Jack I. Hyatt currently represents a great number of individuals whose vehicles did not start having problems during the Lemon Law Rights Period (See Your Lemon Law Rights).

What is a Breach of Warranty Case?

Basically, it is the same as a Lemon Law case, however, with two notable differences. First, the standards or requirements for breach of warranty are not as clearly defined. Second, the remedies for breach of warranty are also not as clearly defined. Therefore, you should consult a qualified attorney to discuss whether you may have a breach of warranty case.

What Can I Get for a Lemon Law and or Breach of Warranty Case?

The ultimate relief in a Lemon Law Case is your money back or a new car. This is known as a “buy back” or a “repurchase.” When that occurs, the defective vehicle is returned to the manufacturer. This is usually done by returning it locally to one of their authorized dealers. Under a breach of warranty case the consumer obtains compensation in the form of a partial refund with continued ownership of the car. The vast majority of cases are settled under breach of warranty allowing the consumer to receive compensation with continued ownership of the car. In either recovery all attorney fees and costs are paid by the manufacturer.

Maryland Lemon Law Statute

Sections 14-1501 - 12-1504 of the Commercial Law Articles

ง 14-1501.

In this subtitle the following words have the meanings indicated.

"Consumer" means:

The purchaser, other than for purposes of resale, of a new motor vehicle; Any person to whom a new motor vehicle is transferred during the duration of the warranty applicable to such motor vehicle; or Any other person who is entitled to enforce the obligations of the warranty.

"Motor vehicle" means a vehicle that is registered in this State as a:

Class A (passenger) vehicle;
Class D (motorcycle) vehicle;
Class E (truck) vehicle with a 3/4 ton or less manufacturer's rated capacity; or
Class M (multipurpose) vehicle.

"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.

"Dealer" has the meaning provided in ง 15-101(b) of the Transportation Article.

"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 ง 15-201(b), (c), and (e) of the Transportation Article.

"Warranty" means warranties as defined in งง 2-312, 2-313, 2-314, and 2-315 of this article.

"Manufacturer's warranty period" means the earlier of:

The period of the motor vehicle's first 15,000 miles of operation; or 15 months following the date of original delivery of the motor vehicle to the consumer.

This subsection does not extend any manufacturer's express warranty. ง 14-1502.

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.

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.

The consumer shall provide an opportunity for the manufacturer or factory branch, or its agent to cure the nonconformity, defect, or condition.

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.

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:

Replace the motor vehicle with a comparable motor vehicle acceptable to the consumer; or

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:

A reasonable allowance for the consumer's use of the vehicle not to exceed 15 percent of the purchase price; and

A reasonable allowance for damage not attributable to normal wear but not to include damage resulting from a nonconformity, defect, or condition.

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.

It is an affirmative defense to any claim under this section that the nonconformity, defect, or condition:

Does not substantially impair the use and market value of the motor vehicle; or

Is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle.

It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable warranties if:

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;

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

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.

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.

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.

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.

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.

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.

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:

That the motor vehicle was returned to the manufacturer or factory branch;

The nature of the defect, if any, that resulted in the return; and

The condition of the motor vehicle at the time that it is transferred to the dealer.

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.

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.

This section does not limit the rights or remedies that are otherwise available to a consumer under any other law, including any implied warranties.

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.

A consumer who has resorted to an informal dispute settlement procedure may not be precluded from seeking the rights or remedies available by law.

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.

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.

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.

A court may award reasonable attorney's fees to a prevailing plaintiff under this section.

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.

This subtitle does not apply to a fleet purchase of five or more motor vehicles.

ง 14-1502.1.

The Motor Vehicle Administration shall:

Develop a notice that describes the rights provided to consumers under this subtitle;

Make the notice available to all dealers that sell new motor vehicles in the State; and

Adopt regulations as necessary to implement the provisions of this section.

The notice shall:

Be written in simple and readable plain language; and

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.

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.

ง 14-1503.

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.

If a dealer, manufacturer, factory branch, or distributor replaces a motor vehicle with a comparable motor vehicle under ง 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.

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

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.

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.

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.

ง 14-1504. A violation of this subtitle shall be an unfair and deceptive trade practice under Title 13 of the Commercial Law Article.

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.

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410-484-4900