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Session Laws, 1987
Volume 769, Page 3053   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 650

(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.

[(f)] (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.

[(g)] (F) (1) (I) IT SHALL BE THE DUTY OF A DEALER TO
NOTIFY THE MANUFACTURER OF THE EXISTENCE OF A NONCONFORMITY,
DEFECT, OR CONDITION WITHIN 7 DAYS WHEN THE MOTOR VEHICLE IS
DELIVERED TO THE SAME DEALER FOR A SECOND THIRD FOURTH TIME FOR
REPAIR OF THE SAME NONCONFORMITY OR WHEN THE VEHICLE IS OUT OF
SERVICE BY REASON OF REPAIR OF ONE OR MORE NONCONFORMITIES,
DEFECTS, OR CONDITIONS FOR A CUMULATIVE TOTAL OF 15 2 0 DAYS.

(II) THE NOTIFICATION SHALL BE SENT BY
CERTIFIED MAIL AND A COPY OF THE NOTIFICATION SHALL BE SENT TO
THE MOTOR VEHICLE ADMINISTRATION; HOWEVER, FAILURE OF THE DEALER
TO GIVE THE REQUIRED NOTICE REQUIRED UNDER SUBSECTION (G) OF THIS
SECTION THIS SUBSECTION SHALL NOT AFFECT THE CONSUMER'S RIGHT
UNDER THIS SUBTITLE.

(2) If a motor vehicle is returned to a manufacturer
or factory branch [under subsection (c)(1)(ii) of this section,]
EITHER UNDER THIS SUBTITLE, OR BY JUDGMENT, DECREE, ARBITRATION
AWARD, OR BY VOLUNTARY AGREEMENT, the manufacturer or factory
branch shall notify the Motor Vehicle Administration IN WRITING
WITHIN 15 DAYS of the fact that the vehicle was returned [under
this subtitle as defective].

[(h)] (G) (1) If a motor vehicle that is returned TO THE
MANUFACTURER under EITHER this subtitle OR BY JUDGMENT, DECREE,
ARBITRATION AWARD, SETTLEMENT AGREEMENT, OR BY VOLUNTARY
AGREEMENT IN THIS OR ANY OTHER STATE AND IS THEN TRANSFERRED TO A
DEALER IN MARYLAND, THE MANUFACTURER SHALL DISCLOSE THIS
INFORMATION TO THE DEALER.

(2) IF THE RETURNED VEHICLE 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.

- 3053 -

 

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Session Laws, 1987
Volume 769, Page 3053   View pdf image
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