3710

LAWS OF MARYLAND

Ch. 786

PERCENT OF THE PURCHASE PRICE, AND LESS A REASONABLE ALLOWANCE
FOR DAMAGE NOT ATTRIBUTABLE TO NORMAL WEAR BUT NOT INCLUDING
DAMAGE RESULTING FROM NONCONFORMITY, DEFECT, OR CONDITION. THE
MANUFACTURER OR FACTORY BRANCH SHALL BE ENTITLED TO RECOVER FROM
THE COMPTROLLER THE TITLING TAX ORIGINALLY PAID BY THE CONSUMER. :

1. A REASONABLE ALLOWANCE FOR THE
CONSUMER'S USE OF THE VEHICLE NOT TO EXCEED 15 PERCENT OF THE
PURCHASE PRICE, AND

2. A REASONABLE ALLOWANCE FOR DAMAGE NOT
ATTRIBUTABLE TO NORMAL WEAR BUT NOT TO INCLUDE DAMAGE RESULTING
FROM A NONCONFORMITY, DEFECT, OR CONDITION.

(2)  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.

(3)  IT IS AN AFFIRMATIVE DEFENSE TO ANY CLAIM UNDER
THIS SECTION THAT THE NONCONFORMITY, DEFECT, OR CONDITION:

(I)  DOES NOT SUBSTANTIALLY IMPAIR THE USE AND
MARKET VALUE OF THE MOTOR VEHICLE; OR

(II)  IS THE RESULT OF ABUSE, NEGLECT, OR
UNAUTHORIZED MODIFICATIONS OR ALTERATIONS OF THE MOTOR VEHICLE.

(4)  THE MANUFACTURER OR FACTORY BRANCH SHALL BE
ENTITLED TO RECOVER FROM THE COMPTROLLER THE EXCISE TAX
ORIGINALLY PAID BY THE CONSUMER.

(D) IT SHALL BE PRESUMED THAT A REASONABLE NUMBER OF
ATTEMPTS HAVE BEEN UNDERTAKEN TO CONFORM A MOTOR VEHICLE TO THE
APPLICABLE WARRANTIES IF:

(1)  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;

(2)  THE VEHICLE IS OUT OF SERVICE BY REASON OF REPAIR

OF A NONCONFORMITY, DEFECT, OR CONDITION 1 OR MORE

NONCONFORMITIES, DEFECTS, OR CONDITIONS FOR A CUMULATIVE TOTAL OF
30 OR MORE DAYS DURING THE WARRANTY PERIOD; OR

(3)  A NONCONFORMITY, DEFECT, OR CONDITION RESULTING
IN FAILURE OF THE BRAKING OR STEERING SYSTEM HAS BEEN SUBJECT TO
THE SAME REPAIR AT LEAST TWICE 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.