WILLIAM DONALD SCHAEFER, Governor                   Ch. 6 50

2.  Class E (truck) vehicle with a 3/4 ton
or less manufacturer's rated capacity; or

3.  Class M (multipurpose) vehicle; and

(ii) "Motor vehicle" does not include a motor
home as defined by the Motor Vehicle Administration.

(5) "Manufacturer, factory branch, or distributor"
means a manufacturer, factory branch, or distributor as defined
in § 14-1501 of this subtitle.]

[(b)] (A) If a dealer, manufacturer, factory branch, or
distributor is required under a judgment, decree, arbitration
award, or settlement agreement to accept, or by voluntary
agreement accepts, return of a motor vehicle from a consumer, the
consumer shall be entitled to recover from the Motor Vehicle
Administration the excise taxes originally paid by the consumer,
subject to subsection [(c)] (B) of this section.

[(c)] (B) The excise taxes that a consumer is entitled to
recover under this section shall be calculated based on the
amount of the purchase price or any portion of the purchase price
of the motor vehicle that the dealer, manufacturer, factory
branch, or distributor refunds to the consumer.

[(d)] (C) A dealer, manufacturer, factory branch, or
distributor who is required under a judgment, decree, arbitration
award, or settlement agreement to accept, or who accepts, by
voluntary agreement, return of a motor vehicle shall notify the
consumer in writing that the consumer is entitled to recover the
excise taxes from the Motor Vehicle Administration.

14-1504.

(A) A VIOLATION OF THIS SUBTITLE SHALL BE AN UNFAIR AND
DECEPTIVE TRADE PRACTICE UNDER TITLE 13 OF THE COMMERCIAL LAW
ARTICLE.

(B) A DEALER, MANUFACTURER, FACTORY BRANCH, DISTRIBUTOR, OR
DISTRIBUTOR WHOLESALER, OR RETAILER WHO IS IN VIOLATION OF THIS
SUBTITLE SHALL BE SUBJECT TO THE ENFORCEMENT PROVISIONS OF THE
MOTOR VEHICLE ADMINISTRATION AND A FINE NOT TO EXCEED $50,000.

(B) IN ADDITION TO ANY OTHER REMEDIES THAT MAY BE AVAILABLE
UNDER THIS SUBTITLE, IF A MANUFACTURER, FACTORY BRANCH, OR
DISTRIBUTOR IS FOUND TO HAVE ACTED IN BAD FAITH, THE COURT MAY
AWARD THE CONSUMER DAMAGES OF UP TO $10,000.------------------------

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1987.

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