HARRY HUGHES, Governor

3711

(E)  THE TERM OF ANY WARRANTY, THE WARRANTY PERIOD, AND THE
30 DAY OUT OF SERVICE PERIOD SHALL BE EXTENDED BY ANY TIME DURING
WHICH REPAIR SERVICES ARE NOT AVAILABLE TO THE CONSUMER BY REASON
OF WAR, INVASION, STRIKE, OR FIRE, FLOOD, OR OTHER NATURAL
DISASTER.

(F)  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.

(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 TEN 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.

(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.

(I) (1) IF A MANUFACTURER OR FACTORY BRANCH HAS ESTABLISHED
AN INFORMAL DISPUTE SETTLEMENT PROCEDURE WHICH 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.

(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.

(2) THE RIGHTS AVAILABLE TO A CONSUMER UNDER THIS
SECTION SHALL INURE TO A SUBSEQUENT TRANSFEREE OF A NEW MOTOR
VEHICLE FOR THE DURATION OF THE APPLICABLE WARRANTIES.

(K) ANY ACTION BROUGHT UNDER THIS SECTION SHALL BE
COMMENCED WITHIN 3 YEARS OF THE DATE OF ORIGINAL DELIVERY OF THE
MOTOR VEHICLE TO THE CONSUMER.

(L) (1) A COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A
PREVAILING PLAINTIFF UNDER THIS SECTION.

(2) IF IT APPEARS TO THE SATISFACTION OF THE COURT
THAT AN ACTION IS BROUGHT IN BAD FAITH OR IS OF A FRIVOLOUS
NATURE, THE COURT MAY ORDER THE OFFENDING PARTY TO PAY TO THE
OTHER PARTY REASONABLE ATTORNEY'S FEES.