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Session Laws, 1985
Volume 760, Page 1675   View pdf image
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HARRY HUGHES, Governor                                     1675

(3) A nonconformity, defect, or condition resulting
in failure of the braking or steering system has been subject to
the same repair at least 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.

[(e)] (F) 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)] (G) 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)] (H) 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)] (I) 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)] (J) (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)] (K) (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)] (L) 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.

 

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Session Laws, 1985
Volume 760, Page 1675   View pdf image
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