IN THE [____] SUPERIOR COURT
STATE OF MAINE
[__] COUNTY
Civil Action Docket No.: _______
________,
Plaintiff,
v.
_____,
and
_____,
Defendants.
COMPLAINT AND DEMAND FOR RELIEF
(Maine Motor Vehicle Lemon Law – 10 M.R.S. §§ 1161–1169)
TABLE OF CONTENTS
- Document Header & Parties ............................................... 2
- Definitions ............................................................. 3
- Jurisdiction, Venue & Governing Law ..................................... 4
- Conditions Precedent & Statutory Prerequisites .......................... 4
- Factual Allegations ..................................................... 5
- Causes of Action
6.1 Count I – Violation of Maine Lemon Law .............................. 7
6.2 Count II – Breach of Express & Implied Warranties .................. 8
6.3 Count III – Violation of Maine Unfair Trade Practices Act .......... 9 - Prayer for Relief & Injunctive Remedies ................................. 10
- Jury Demand ............................................................. 11
- Reservation of Rights & Additional Matters ............................. 11
- Verification (Optional) ................................................ 12
- Signature Block ........................................................ 12
[// GUIDANCE: Delete any sections that are inapplicable after attorney review. Replace bracketed text with matter-specific information.]
1. DOCUMENT HEADER & PARTIES
1.1 Plaintiff. [PLAINTIFF FULL LEGAL NAME] (“Plaintiff”) is an individual and “consumer,” as that term is defined under 10 M.R.S. § 1161(1), residing at [STREET ADDRESS, COUNTY, MAINE, ZIP].
1.2 Defendants.
(a) [MANUFACTURER LEGAL NAME] (“Manufacturer”) is a foreign corporation authorized to do business in the State of Maine, with its principal place of business at [ADDRESS] and a registered agent for service of process located at [ADDRESS].
(b) [DEALER LEGAL NAME] (“Dealer,” and together with Manufacturer, “Defendants”) is a Maine-licensed motor-vehicle dealer with a principal place of business at [ADDRESS].
1.3 Relationship of the Parties. Manufacturer issued the express warranty for the subject vehicle, and Dealer sold and delivered the vehicle to Plaintiff on [DATE].
2. DEFINITIONS
For purposes of this Complaint, capitalized terms have the meanings set forth below and apply throughout unless the context clearly requires otherwise.
2.1 “Arbitration Program” means the informal dispute-settlement mechanism offered by the Manufacturer and certified pursuant to 10 M.R.S. § 1165.
2.2 “Covered Vehicle” or “Vehicle” means the [YEAR, MAKE, MODEL, VIN] purchased or leased by Plaintiff from Dealer on [DATE], which qualifies as a “motor vehicle” under 10 M.R.S. § 1161(2).
2.3 “Effective Warranty Period” means the earlier of (a) the first two (2) years following delivery of the Vehicle to Plaintiff, or (b) the first 18,000 miles of operation, pursuant to 10 M.R.S. § 1163(1).
2.4 “Nonconformity” means any defect, condition, or workmanship issue that substantially impairs the use, safety, or value of the Vehicle and is covered by the Manufacturer’s express warranty, consistent with 10 M.R.S. § 1161(3).
2.5 “Reasonable Number of Attempts” means (a) three (3) or more documented repair attempts for the same Nonconformity, or (b) a cumulative total of fifteen (15) or more business days during which the Vehicle has been out of service for warranty repairs, as set forth in 10 M.R.S. § 1163(2).
[// GUIDANCE: Add or delete definitions as warranted by case-specific facts.]
3. JURISDICTION, VENUE & GOVERNING LAW
3.1 Jurisdiction. This Court has subject-matter jurisdiction under 4 M.R.S. § 105 and 14 M.R.S. § 5953, as Plaintiff seeks monetary damages that exceed the jurisdictional threshold and equitable relief arising under Maine statutory law.
3.2 Venue. Venue lies in this County pursuant to 14 M.R.S. § 501 because the cause of action arose here and Defendants regularly conduct business herein.
3.3 Governing Law. The claims asserted herein are governed exclusively by the laws of the State of Maine, including but not limited to 10 M.R.S. §§ 1161–1169, the Maine Uniform Commercial Code, and applicable common-law principles.
3.4 Arbitration. Plaintiff has satisfied, or is excused from satisfying, all pre-litigation arbitration requirements under 10 M.R.S. § 1165, as more fully alleged below.
4. CONDITIONS PRECEDENT & STATUTORY PREREQUISITES
4.1 Timely Notice. Within the Effective Warranty Period, Plaintiff provided written notice of the Nonconformity to Manufacturer and Dealer on [DATE], in compliance with 10 M.R.S. § 1163(3).
4.2 Reasonable Opportunity to Cure. Defendants received a Reasonable Number of Attempts to repair the Nonconformity, as documented by Repair Orders [RO No. 1–3, DATES].
4.3 Arbitration Program. On [DATE], Plaintiff filed a claim with the Manufacturer’s Arbitration Program. The Program issued its decision on [DATE], which Plaintiff rejected as provided in 10 M.R.S. § 1165(3).
[// GUIDANCE: If no certified program exists or the manufacturer failed to comply, state those facts and assert statutory waiver.]
4.4 All other conditions precedent to the filing of this action have been performed, waived, or excused.
5. FACTUAL ALLEGATIONS
5.1 Purchase. On [DATE], Plaintiff purchased the Vehicle from Dealer for the total purchase price of [$__], inclusive of taxes, title, and fees.
5.2 Express Warranty. Manufacturer issued a [36-month/36,000-mile] bumper-to-bumper warranty and a [5-year/60,000-mile] powertrain warranty covering the Vehicle.
5.3 Nonconformity Description. The Vehicle exhibits multiple Nonconformities, including without limitation:
(a) Engine stalling and loss of power at highway speeds;
(b) Persistent transmission slippage; and
(c) Electrical system failure causing dashboard illumination loss.
5.4 Repair History. The Vehicle has been presented for warranty repair on [three] documented occasions totaling [19] business days out of service, yet the Nonconformities persist.
5.5 Diminished Value & Safety Impact. The continuing defects substantially impair the Vehicle’s use, safety, and value. Plaintiff reasonably fears operating the Vehicle on public roadways.
5.6 Refund/Replacement Demand. Pursuant to 10 M.R.S. § 1163(2), Plaintiff demanded, in writing, a refund or comparable replacement on [DATE]; Defendants refused.
6. CAUSES OF ACTION
6.1 Count I – Violation of Maine Lemon Law
(10 M.R.S. §§ 1161–1169)
6.1.1 Plaintiff realleges paragraphs 1 through [___].
6.1.2 The Vehicle is a motor vehicle within the meaning of 10 M.R.S. § 1161(2).
6.1.3 The Nonconformities manifested and were reported within the Effective Warranty Period.
6.1.4 Defendants failed to conform the Vehicle to the express warranty after a Reasonable Number of Attempts.
6.1.5 Pursuant to 10 M.R.S. § 1163(2), Plaintiff is entitled to, at her election, a refund of the full purchase price (including collateral charges and reasonable attorney’s fees) or a comparable replacement vehicle plus all incidental and consequential damages.
6.2 Count II – Breach of Express and Implied Warranties
(11 M.R.S. §§ 2-313, 2-314 & 2-607)
6.2.1 Plaintiff realleges paragraphs 1 through [___].
6.2.2 Defendants’ warranties constitute express warranties under 11 M.R.S. § 2-313.
6.2.3 Defendants further breached the implied warranty of merchantability under 11 M.R.S. § 2-314 by delivering a Vehicle unfit for ordinary purposes.
6.2.4 Plaintiff provided timely notice of breach as required by 11 M.R.S. § 2-607(3)(a).
6.2.5 Plaintiff is entitled to damages, rescission, and all other remedies under Article 2 of the Maine UCC.
6.3 Count III – Violation of Maine Unfair Trade Practices Act
(5 M.R.S. §§ 205-214)
6.3.1 Plaintiff realleges paragraphs 1 through [___].
6.3.2 Defendants engaged in unfair or deceptive acts by representing the Vehicle to be free of defects and refusing to honor statutory replacement/refund obligations.
6.3.3 Plaintiff suffered ascertainable losses, including but not limited to purchase price, finance charges, repair costs, and loss of use.
6.3.4 Plaintiff seeks restitution, statutory damages, attorney’s fees, and equitable relief.
7. PRAYER FOR RELIEF & INJUNCTIVE REMEDIES
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in her favor and against Defendants, jointly and severally, and award:
a. Replacement of the Vehicle with a comparable new motor vehicle, or, at Plaintiff’s election, a full refund of the purchase price, collateral charges, and incidental damages, per 10 M.R.S. § 1163;
b. Reasonable attorney’s fees and expert-witness fees as provided by 10 M.R.S. § 1164(2);
c. Costs of suit and prejudgment interest;
d. Statutory and treble damages under 5 M.R.S. § 213(1-A);
e. Injunctive relief compelling Defendants to take all actions necessary to effectuate Vehicle replacement and title transfer within ten (10) days;
f. Such other and further relief as the Court deems just and proper.
8. JURY DEMAND
Pursuant to Rule 38 of the Maine Rules of Civil Procedure and Article I, Section 20 of the Maine Constitution, Plaintiff demands a trial by jury on all issues so triable.
9. RESERVATION OF RIGHTS & ADDITIONAL MATTERS
9.1 Plaintiff reserves the right to amend this Complaint to add parties, claims, or damages as discovery may reveal.
9.2 Nothing herein shall constitute a waiver of any rights, claims, or defenses that may be available to Plaintiff at law or in equity.
10. VERIFICATION (OPTIONAL)
I, [PLAINTIFF NAME], verify under penalty of perjury that the foregoing allegations are true and correct to the best of my knowledge, information, and belief.
Date: ___ ____
[PLAINTIFF NAME]
[// GUIDANCE: Maine practice does not universally require verification; include only if strategically advantageous.]
11. SIGNATURE BLOCK
Respectfully submitted,
Date: ___ _____
[ATTORNEY NAME], Esq.
Maine Bar No. [_]
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY], Maine [ZIP]
Tel: [() -_]
Email: [____]
Attorney for Plaintiff
[// GUIDANCE:
1. File in the appropriate Superior Court clerk’s office with required civil coversheet and filing fee.
2. Serve Defendants per M.R. Civ. P. 4 within 90 days.
3. Attach copies of all relevant purchase, finance, and repair documents as exhibits and list them in a pleading index.
4. Confirm Manufacturer’s arbitration program certification status with the Maine Attorney General’s Consumer Protection Division before alleging compliance/waiver.]