Lemon Law Complaint

COMPLAINT AND DEMAND FOR JURY TRIAL

(Maryland “Lemon Law” – Md. Code Ann., Com. Law §§ 14-1501 et seq.)

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I. DOCUMENT HEADER

IN THE CIRCUIT COURT FOR [___] COUNTY, MARYLAND
Civil Action No.: ___________

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT MANUFACTURER NAME],
Serve: [Resident Agent / Registered Office Address]
  Defendant.

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff [PLAINTIFF NAME] (“Plaintiff”), by counsel, brings this action against Defendant [DEFENDANT MANUFACTURER NAME] (“Defendant” or “Manufacturer”), and alleges as follows:

Effective Date of Filing: [DATE]
Governing Law: Maryland Automotive Warranty Enforcement Act, Md. Code Ann., Com. Law §§ 14-1501 et seq. (the “Act”) and other applicable Maryland law.
Forum: State court (per metadata).

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II. DEFINITIONS

For purposes of this Complaint, the following capitalized terms have the meanings set forth below. Undefined capitalized terms take their ordinary meaning under Maryland law.

1. “Act” means the Maryland Automotive Warranty Enforcement Act, Md. Code Ann., Com. Law §§ 14-1501 et seq.
2. “Defect” means any nonconformity, condition, or malfunction that substantially impairs the use, value, or safety of the Motor Vehicle.
3. “Express Warranty” means the written new-vehicle limited warranty issued by Manufacturer relating to the Motor Vehicle.
4. “Motor Vehicle” means the [YEAR, MAKE, MODEL] bearing Vehicle Identification Number (“VIN”) ☐, purchased by Plaintiff on [DATE OF PURCHASE].
5. “Repair Attempts” means each instance in which the Motor Vehicle was presented to an authorized repair facility for correction of the Defect(s).
6. “Vehicle Value Cap” means the statutory limit on recovery not to exceed the full purchase price of the Motor Vehicle, inclusive of collateral charges (see Act § 14-1502(c)).

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III. OPERATIVE FACTS

1. Purchase. On [DATE], Plaintiff purchased the Motor Vehicle from [DEALER NAME & ADDRESS] for a total purchase price of $[___], inclusive of taxes, fees, and collateral charges.
2. Express Warranty. Manufacturer issued the Express Warranty covering the Motor Vehicle for [NUMBER] months/ [NUMBER] miles.
3. Defects Manifested. Beginning on or about [DATE], the Motor Vehicle developed the following Defect(s): [DESCRIBE DEFECTS].

4. Repair Attempts.
    a. First Attempt: [DATE] – [DEALERSHIP] – [WORK ORDER #] – [DESCRIPTION].
    b. Second Attempt: [DATE] – [DEALERSHIP] – [WORK ORDER #] – [DESCRIPTION].
    c. Third Attempt: [DATE] – [DEALERSHIP] – [WORK ORDER #] – [DESCRIPTION].
    d. Aggregate Days Out of Service: [NUMBER] days.

5. Notice to Manufacturer. Plaintiff provided written notice of the Defect(s) to Manufacturer on [DATE] pursuant to Act § 14-1502(e).

6. Manufacturer’s Failure to Conform Vehicle. Despite the Repair Attempts, the Defect(s) persist and substantially impair the use, value, and safety of the Motor Vehicle.
7. Compliance with Informal Dispute Procedure.
    [CHOOSE ONE AND DELETE THE OTHER]
    a. Certified Procedure Utilized: Plaintiff submitted the dispute to Manufacturer’s Attorney-General-certified informal dispute settlement procedure on [DATE]; decision issued on [DATE]; relief denied.
    b. No Certified Procedure: Manufacturer did not maintain a certified informal dispute settlement procedure under Act § 14-1502(f); therefore, Plaintiff is entitled to file this action without resort to arbitration.

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IV. REPRESENTATIONS & WARRANTIES

8. Defendant expressly warranted that the Motor Vehicle would be free from Defects and would conform to all material specifications during the warranty period.
9. Plaintiff relied on the Express Warranty in purchasing the Motor Vehicle.
10. Defendant breached the Express Warranty by failing to repair or replace the Motor Vehicle so that it conforms to the Express Warranty.

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V. CAUSES OF ACTION

COUNT I – Violation of Maryland Automotive Warranty Enforcement Act

11. Plaintiff realleges ¶¶ 1–10.
12. The Motor Vehicle experienced Defect(s) subject to the Act within the first 24 months or 18,000 miles of operation (whichever first occurred).
13. Defendant failed, after a reasonable number of attempts, to repair the Defect(s) or replace/refund the Motor Vehicle as mandated by Act § 14-1502(c).
14. As a direct and proximate result, Plaintiff sustained damages up to the Vehicle Value Cap, plus incidental and consequential damages, attorneys’ fees, and costs as allowed by Act § 14-1504(b).

COUNT II – Breach of Express Warranty (Md. Code Ann., Com. Law § 2-313)

15. Plaintiff realleges ¶¶ 1–10.
16. The Express Warranty constituted an affirmation of fact and promise that became part of the basis of the bargain.
17. Defendant’s failure to conform the Motor Vehicle to the Express Warranty constitutes a breach, causing Plaintiff to suffer damages in an amount to be proven at trial but not exceeding the Vehicle Value Cap.

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VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff’s favor and against Defendant as follows:

A. Order Defendant to accept return of the Motor Vehicle and, at Plaintiff’s election, either:

1. Replace the Motor Vehicle with a new, comparable vehicle; or
 2. Refund the full purchase price, finance charges, taxes, fees, and other collateral costs;

B. Award incidental and consequential damages as permitted by law, provided that total monetary recovery shall not exceed the Vehicle Value Cap;

C. Award reasonable attorneys’ fees and litigation costs pursuant to Act § 14-1504(b);

D. Award pre- and post-judgment interest at the maximum rate allowable;

E. Grant such other and further relief, including injunctive or declaratory relief, as the Court deems just and proper.

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VII. DEMAND FOR JURY TRIAL

Pursuant to Article 23 of the Maryland Declaration of Rights and Md. Rule 2-325(a), Plaintiff demands a trial by jury on all issues so triable.

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VIII. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury that the foregoing facts are true and correct to the best of my knowledge, information, and belief.

Date: ___________      __________________________________
             [PLAINTIFF NAME]

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IX. SIGNATURE BLOCK

Respectfully submitted,

_______________________________
[ATTORNEY NAME] (Bar No. ______)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

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X. OPTIONAL SCHEDULING ORDER PROPOSAL

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CHECKLIST FOR FILING (Maryland State Court)

1. Civil-Case Information Report (CCIR) completed and attached.
2. Filing fee paid to Clerk of the Circuit Court.
3. Summons prepared for issuance to Defendant’s resident agent.

4. Exhibits attached:
    • Purchase Agreement/Buyer’s Order
    • Repair Orders (all)
    • Notice Letter(s) to Manufacturer
    • Arbitration Decision (if applicable)

5. Service of Process to be effected per Md. Rule 2-121.

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