HARRY HUGHES, Governor                                         3509

(F)  (1) IF A MOTOR VEHICLE IS RETURNED TO A MANUFACTURER OR
FACTORY BRANCH UNDER SUBSECTION (C)(1)(II) OF THIS SECTION, THE
MANUFACTURER OR FACTORY BRANCH SHALL NOTIFY THE MOTOR VEHICLE
ADMINISTRATION OF THE FACT THAT THE VEHICLE WAS RETURNED UNDER
THIS SUBTITLE AS DEFECTIVE.

(2) THE MOTOR VEHICLE ADMINISTRATION SHALL NOTE THE
FACT THAT THE MOTOR VEHICLE WAS RETURNED UNDER THIS SECTION ON

ANY CERTIFICATE OF TITLE ISSUED FOR THE VEHICLE BY THE

ADMINISTRATION.

(3) THE FACT THAT A MOTOR VEHICLE WAS RETURNED TO A
MANUFACTURER UNDER THIS SECTION SHALL BE A MATERIAL FACT FOR
PURPOSES OF THIS ARTICLE.

(4) IF A MOTOR VEHICLE IS RETURNED TO A MANUFACTURER

UNDER SUBSECTION (C) (1) (II) OF THIS SECTION, AND THE

NONCONFORMITY IS NOT TOTALLY CORRECTED, FOR THE PURPOSE OF RESALE
OF THE VEHICLE IN MARYLAND, THE MANUFACTURER SHALL PROVIDE THE
MARYLAND BUYER OF THE VEHICLE WITH A WRITTEN STATEMENT ON A
SEPARATE PIECE OF PAPER IN TEN POINT ALL CAPITAL TYPE, IN
SUBSTANTIALLY THE FOLLOWING FORM: "IMPORTANT: THIS VEHICLE WAS
RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE
MANUFACTURER'S EXPRESS WARRANTY AND THE NONCONFORMITY WAS NOT
CURED WITHIN A REASONABLE TIME AS PROVIDED BY MARYLAND LAW."

(G) IF A MOTOR VEHICLE THAT IS RETURNED UNDER THIS SUBTITLE
IS THEN MADE AVAILABLE FOR RESALE, THE SELLER SHALL DISCLOSE
PRIOR TO SALE IN WRITING IN A CLEAR AND CONSPICUOUS MANNER, ON A
SEPARATE PIECE OF PAPER IN 10 POINT ALL CAPITAL TYPE, TO A
CONSUMER THE MATERIAL FACT THAT THIS MOTOR VEHICLE WAS RETURNED
TO THE MANUFACTURER OR FACTORY BRANCH, THE NATURE OF THE DEFECT
WHICH RESULTED IN THE RETURN, AND THE CONDITION OF THE MOTOR
VEHICLE AT THE TIME OF RESALE.

(G)(H) THIS SECTION DOES NOT LIMIT THE RIGHTS OR REMEDIES
THAT ARE OTHERWISE AVAILABLE TO A CONSUMER UNDER ANY OTHER LAW,
INCLUDING ANY IMPLIED WARRANTIES.

(H)(I) (1) IF A MANUFACTURER OR FACTORY BRANCH HAS
ESTABLISHED AN INFORMAL DISPUTE SETTLEMENT PROCEDURE THAT
COMPLIES IN ALL RESPECTS WITH THE PROVISIONS OF TITLE 16, CODE OF
FEDERAL REGULATIONS, PART 703, AS AMENDED, A CONSUMER MUST RESORT
TO THAT PROCEDURE BEFORE SUBSECTION (C) OF THIS SECTION APPLIES.

(2) A CONSUMER WHO HAS RESORTED TO AN INFORMAL
DISPUTE SETTLEMENT PROCEDURE MAY NOT BE PRECLUDED FROM SEEKING
THE RIGHTS OR REMEDIES AVAILABLE BY LAW.

(I) (J) (1) 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.