Lemon Law Demand Letter — Maryland

LEMON LAW DEMAND LETTER

STATE OF MARYLAND

Maryland Automotive Warranty Enforcement Act

Md. Code, Com. Law §§ 14-1501 through 14-1504

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED — SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[__/__/____]

[MANUFACTURER LEGAL NAME]
ATTN: Customer Relations / Legal Department / Registered Agent
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

AND TO:

[AUTHORIZED DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, MD ZIP]

Re: MARYLAND LEMON LAW NOTICE AND DEMAND — Md. Code, Com. Law § 14-1502(c)
Consumer: [________________________________]
Vehicle: [____] [________________________________] [________________________________]
VIN: [________________________________]
Purchase/Lease Date: [__/__/____]
Transaction Type: ☐ Purchase ☐ Lease
Current Odometer: [____] miles

Dear Sir or Madam:

This office represents [CONSUMER FULL NAME] ("Consumer") in connection with the above-referenced vehicle, which qualifies as a "lemon" under the Maryland Automotive Warranty Enforcement Act, Md. Code, Com. Law §§ 14-1501 through 14-1504, and the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.

THIS LETTER CONSTITUTES THE WRITTEN NOTIFICATION AND FINAL REPAIR OPPORTUNITY REQUIRED BY Md. Code, Com. Law § 14-1502(c).

You are required to respond in writing within ten (10) business days to schedule a final repair attempt or to offer a refund or replacement vehicle.

I. MARYLAND AUTOMOTIVE WARRANTY ENFORCEMENT ACT — LEGAL FRAMEWORK

A. Statutory Authority and Scope

The Maryland Automotive Warranty Enforcement Act, Md. Code, Com. Law §§ 14-1501 through 14-1504, grants Maryland consumers the right to a refund or replacement vehicle when a new motor vehicle cannot be brought into conformance with its express warranty after a reasonable number of repair attempts.

Maryland's lemon law is distinct from other states in several important respects:

• Maryland covers leased vehicles in addition to purchased vehicles (§ 14-1501(g)(1));
• Maryland covers motorcycles as well as passenger cars and trucks;
• Maryland's coverage period is 15 months or 15,000 miles — shorter than most states — requiring prompt action;
• Maryland provides access to free state-administered arbitration through the Attorney General's New Car Lemon Law Unit, a process not available in most states.

B. Covered Vehicles — Md. Code, Com. Law § 14-1501(g)

A "new motor vehicle" under Maryland law means a motor vehicle that:

1. Was sold or transferred by a new motor vehicle dealer licensed in Maryland;
2. Was sold with a manufacturer's warranty in effect at the time of sale;
3. Was not previously titled or, if previously titled, was only titled to a dealer; and
4. Is a passenger car, motorcycle, or light truck registered in Maryland.

Excluded vehicles: Motor homes, off-road vehicles, and vehicles with a GVWR over 10,000 lbs used primarily for commercial purposes.

The vehicle at issue — a [____] [________________________________] — is a covered new motor vehicle under § 14-1501(g).

Maryland Also Covers Leased Vehicles: Unlike federal lemon law cases under Magnuson-Moss, Maryland's statute expressly includes leased vehicles (§ 14-1501(g)(1)(ii)), treating the lessee as the "consumer" with the same rights as a buyer. This is a key Maryland-specific protection.

C. Coverage Period — Md. Code, Com. Law § 14-1501(k)

Maryland's lemon law coverage period is the warranty enforcement period: the earlier of 15 months after the date of original delivery to the consumer or 15,000 miles on the odometer.

Important: This period is among the shortest of any state. Consumers must act quickly. The first repair attempt should occur within the warranty enforcement period; however, the lemon law complaint and demand may be made after the period ends if the first repair attempt was made within the period.

The vehicle in this matter was delivered on [__/__/____]. The warranty enforcement period expires on [__/__/____] or at [____] miles, whichever is earlier. Our Client's first repair attempt occurred on [__/__/____] at [____] miles, which is within the warranty enforcement period.

D. Nonconformity Definition — Md. Code, Com. Law § 14-1501(h)

A "nonconformity" means a defect or condition that:

1. Substantially impairs the use, market value, or safety of the motor vehicle; and
2. Is covered by the manufacturer's express warranty.

A defect need not render the vehicle inoperable. A nonconformity that substantially reduces the vehicle's market value or safety qualifies even if the vehicle can still be driven.

E. Presumption of Lemon — Md. Code, Com. Law § 14-1502(d)

A rebuttable presumption that a reasonable number of repair attempts have been made arises when either threshold is met within the warranty enforcement period:

Threshold 1 — Same Defect:
The same nonconformity has been subject to repair four (4) or more times by the manufacturer or its authorized dealer, and the nonconformity continues to exist. § 14-1502(d)(1).

Threshold 2 — Days Out of Service:
The vehicle has been out of service for repair for a cumulative total of 30 or more days (not required to be consecutive). § 14-1502(d)(2).

Note: Unlike some states (e.g., California with 2 repair attempts for serious safety defects), Maryland applies the same 4-attempt standard regardless of safety severity. However, a nonconformity that creates a substantial safety hazard will be weighed heavily in any reasonableness determination.

F. Mandatory Written Notice and Final Repair Opportunity — Md. Code, Com. Law § 14-1502(c)

Before filing a civil action, a consumer must send the manufacturer written notification by certified mail of the nonconformity. Upon receipt of this notice, the manufacturer has one (1) final opportunity to repair the vehicle. This letter satisfies that requirement.

This requirement applies to the manufacturer, not the dealer. Notice sent only to the dealer is insufficient under Maryland law.

G. Arbitration Procedures — Md. Code, Com. Law § 14-1503

Maryland law provides two arbitration pathways:

1. Manufacturer's Informal Dispute Resolution Program: If the manufacturer has established a program that complies with 16 C.F.R. Part 703 and the program is identified in the warranty, the consumer may be required to use it before filing suit. § 14-1503(a).

2. Maryland Attorney General's New Car Lemon Law Unit (State Arbitration): Maryland uniquely offers free arbitration administered by the Office of the Attorney General. Consumers who prefer not to use the manufacturer's program may request state arbitration. Decisions from state arbitration are binding on the manufacturer if the consumer accepts them; the consumer may still pursue litigation if the arbitration outcome is unsatisfactory. § 14-1503(b).

Advantage of Maryland State Arbitration: The process is free to the consumer, impartial, and often faster than litigation. It is a Maryland-specific option not available in most other states.

II. VEHICLE INFORMATION

III. WARRANTY COVERAGE

All defects complained of arose during the manufacturer's warranty period and remain unresolved.

IV. DESCRIPTION OF NONCONFORMITY / DEFECTS

The vehicle suffers from the following nonconformity(ies) that substantially impair its use, market value, or safety under Md. Code, Com. Law § 14-1501(h):

Primary Nonconformity

• System Affected: [________________________________]
• Detailed Description: [________________________________]
• Date / Mileage of First Occurrence: [__/__/____] / [____] miles
• Symptoms Observed: [________________________________]
• Safety Impact: ☐ Yes — describe: [________________________________] ☐ No
• Effect on Use: [________________________________]
• Effect on Market Value: [________________________________]
• Related Technical Service Bulletins (TSBs): [________________________________]

Secondary Nonconformity (if applicable)

• System Affected: [________________________________]
• Detailed Description: [________________________________]
• Date / Mileage of First Occurrence: [__/__/____] / [____] miles

V. COMPLETE REPAIR HISTORY

Repair Attempt No. 1

Repair Attempt No. 2

Repair Attempt No. 3

Repair Attempt No. 4

[Attach additional repair attempt tables as needed]

Repair History Summary

VI. LEMON LAW QUALIFICATION ANALYSIS

A. Statutory Thresholds Met

☐ Four-Repair Threshold (§ 14-1502(d)(1)):
The same nonconformity — [________________________________] — has been subject to repair on [____] occasions within the warranty enforcement period, meeting or exceeding the 4-repair threshold.

☐ 30-Day Out-of-Service Threshold (§ 14-1502(d)(2)):
The vehicle has been out of service for repair for a cumulative total of [____] days, exceeding the 30-day threshold.

B. Both Thresholds Met (Strongest Case)

☐ Both the four-repair threshold AND the 30-day out-of-service threshold have been met. The presumption of a reasonable number of attempts under § 14-1502(d) is firmly established.

C. Coverage Period Confirmation

The warranty enforcement period for this vehicle is 15 months or 15,000 miles from [__/__/____] (delivery date), expiring [__/__/____] or at [____] miles. The first repair attempt occurred on [__/__/____] at [____] miles, which is within the warranty enforcement period. ✓

D. Federal Magnuson-Moss Warranty Act

In addition to state law claims, Consumer asserts claims under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq. A prevailing consumer under Magnuson-Moss may recover attorney's fees in addition to state law remedies. The Magnuson-Moss 4-year statute of limitations (28 U.S.C. § 1658) is longer than Maryland's warranty enforcement period, providing additional protection.

VII. ARBITRATION ELECTION

Prior to filing suit, Consumer must participate in the appropriate dispute resolution program:

☐ Manufacturer's Certified Program: [MANUFACTURER] sponsors an informal dispute settlement procedure certified under 16 C.F.R. Part 703. Consumer will participate in that program as required. If the program does not result in a satisfactory resolution, Consumer will file suit.

☐ Maryland Attorney General's New Car Lemon Law Unit: Consumer elects to use free state arbitration administered by the Maryland Attorney General's Office in lieu of, or following, the manufacturer's program. Contact information:

Maryland Attorney General — New Car Lemon Law Unit
200 St. Paul Place, Baltimore, MD 21202
Telephone: (410) 528-8662 | (888) 743-0023 (toll-free)
Website: www.marylandattorneygeneral.gov

☐ Direct Litigation: [MANUFACTURER] does not have a certified program. Consumer is entitled to proceed directly to civil action without arbitration.

VIII. DEMAND FOR RELIEF

Pursuant to Md. Code, Com. Law § 14-1502(a), Consumer demands the following relief:

A. Repurchase / Full Refund (Primary Election)

☐ Consumer elects REPURCHASE. Manufacturer must refund to Consumer:

Maryland Mileage Offset Formula (§ 14-1502(a)(1)(ii)):

Offset = (Purchase Price) × (Odometer at first reported nonconformity ÷ 100,000)

Calculation: $[____] × ([____] miles ÷ 100,000) = $[____] offset

Maryland's offset formula uses odometer miles at first report of nonconformity — not at first repair attempt. Document when you first verbally reported the defect to the dealer.

B. Replacement Vehicle (Alternative Election)

☐ Consumer elects REPLACEMENT. Manufacturer must provide:

• A comparable new motor vehicle of the same year (or newer current model year);
• Same make, model, and equipment, or equivalent;
• With all collateral charges (taxes, registration, title) paid by manufacturer; and
• With payoff of any outstanding loan or lease balance.

C. Attorney's Fees and Costs

Under Md. Code, Com. Law § 14-1504(a), a prevailing consumer is entitled to an award of reasonable attorney's fees and costs. Consumer reserves the right to seek a full award of fees and costs in any subsequent arbitration or civil action.

IX. FINAL REPAIR OPPORTUNITY

This letter provides [MANUFACTURER] with the one final opportunity to cure required under Md. Code, Com. Law § 14-1502(c). If you wish to attempt a final repair:

1. Contact this office in writing within ten (10) business days of receipt of this letter;
2. Provide a specific proposed repair date, location, and description of the repair to be attempted;
3. Arrange for a rental vehicle at no cost to Consumer during the repair period;
4. Provide a written repair estimate and timeline.

If the final repair attempt fails to resolve the nonconformity, Consumer will proceed immediately to arbitration and/or litigation.

X. DOCUMENT PRESERVATION NOTICE

You are hereby directed to preserve all documents, records, and electronically stored information related to this vehicle and this claim, including:

☐ All repair orders, warranty claim records, and service history
☐ Technical Service Bulletins (TSBs) and Customer Satisfaction Programs related to the defect
☐ Field Technical Reports and engineering analyses
☐ All customer complaints submitted regarding the same or similar defects in this model
☐ Communications between dealer and manufacturer regarding this vehicle
☐ Diagnostic scan tool data and calibration records
☐ The vehicle itself — do not resell, export, or alter

Failure to preserve relevant evidence may result in adverse inference instructions, sanctions, and separate claims under Maryland law.

XI. RESPONSE DEADLINE

Please respond in writing within ten (10) business days of the date of this letter with:

1. Your acknowledgment of receipt of this certified mail notice under § 14-1502(c);
2. Your position on whether the vehicle qualifies for refund or replacement;
3. A concrete offer of refund, replacement, or scheduling of final repair attempt;
4. The name and direct contact for the manufacturer's authorized representative handling this matter.

If no satisfactory response is received, Consumer will:

☐ Submit this matter to the Maryland Attorney General's New Car Lemon Law Unit for arbitration
☐ Initiate civil action in the Circuit Court for [________________________________] County, Maryland
☐ Assert claims under both the Maryland Automotive Warranty Enforcement Act and the Magnuson-Moss Warranty Act

XII. CONCLUSION

Our Client has given [MANUFACTURER] [____] repair opportunities spanning [____] days out of service. The vehicle remains defective. Maryland law entitles our Client to a full refund or replacement. We urge you to resolve this matter promptly and avoid the expense and disruption of arbitration or litigation.

Respectfully submitted,

[LAW FIRM NAME]

By: ___________________________________
[ATTORNEY FULL NAME]
Maryland State Bar No. [____]
[ADDRESS]
[CITY, MD ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
☐ Copies of all repair orders (Repair Attempts 1 through [____])
☐ Copy of purchase or lease agreement
☐ Copy of manufacturer's warranty booklet
☐ Current vehicle registration
☐ Photographs or video of defect
☐ Correspondence with dealer or manufacturer
☐ Rental car receipts and other incidental expense documentation
☐ Authorization to represent

cc: [CONSUMER NAME]
[LIENHOLDER/LESSOR NAME AND ADDRESS]
Maryland Attorney General — New Car Lemon Law Unit, 200 St. Paul Place, Baltimore, MD 21202
Maryland Motor Vehicle Administration — Consumer Services Division

MARYLAND LEMON LAW — QUICK REFERENCE

MARYLAND-SPECIFIC PRACTICE NOTES

☐ Act Quickly on the Coverage Period: Maryland's 15-month / 15,000-mile period is one of the shortest in the nation. California allows 18 months or 18,000 miles; Texas allows 24 months or 24,000 miles. Maryland consumers must initiate the first repair attempt — and ideally send the certified mail notice — well within the window.

☐ Leased Vehicle Procedure: For leased vehicles, the refund demand should include: remaining lease payments, all amounts paid under the lease, acquisition and disposition fees, and payoff of any gap between residual value and payoff. The lessor is typically named as an additional party.

☐ Maryland AG Arbitration is Genuinely Free: The New Car Lemon Law Unit at the Maryland AG's Office offers no-cost state arbitration. The manufacturer is bound by an arbitration award the consumer accepts. This is a significant practical tool that many Maryland consumers do not fully utilize.

☐ Certified Mail — Manufacturer's Address: Send to the manufacturer's corporate headquarters and its Maryland registered agent. Check the Maryland SDAT database for the registered agent address: https://sdat.dat.maryland.gov

☐ Motor Vehicle Administration: The Maryland MVA (Motor Vehicle Administration) coordinates with the AG's office on lemon law complaints. Filing a complaint with MVA Consumer Services can create an additional administrative record.

☐ Magnuson-Moss Federal Claim: Always include a federal Magnuson-Moss count in civil actions. The 4-year federal statute of limitations is more forgiving than Maryland's warranty enforcement period, and attorney's fees under Magnuson-Moss are often easier to obtain than under Maryland state law.

SOURCES AND REFERENCES

• Md. Code, Com. Law §§ 14-1501 through 14-1504 (Maryland Automotive Warranty Enforcement Act): https://mgaleg.maryland.gov
• Maryland Attorney General — New Car Lemon Law Unit: https://www.marylandattorneygeneral.gov/Pages/CPD/lemon-law.aspx
• Maryland Motor Vehicle Administration — Consumer Services: https://mva.maryland.gov
• 15 U.S.C. § 2301 et seq. (Magnuson-Moss Warranty Act): https://www.law.cornell.edu/uscode/text/15/2301
• 16 C.F.R. Part 703 (Informal Dispute Settlement Procedures): https://www.ecfr.gov/current/title-16/chapter-I/subchapter-G/part-703
• Maryland SDAT (entity/registered agent lookup): https://sdat.dat.maryland.gov

This template is for informational purposes only and does not constitute legal advice. Maryland lemon law claims are time-sensitive. Consult a licensed Maryland attorney promptly.