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Session Laws, 1994
Volume 773, Page 1637   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                           Ch. 217

(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)      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)      (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 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 20 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 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 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.

(g)      (1) (I) 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.

(II) THE MANUFACTURER'S DISCLOSURE UNDER THIS
PARAGRAPH SHALL BE IN WRITING ON A SEPARATE PIECE OF PAPER IN 10 POINT
ALL CAPITAL TYPE AND SHALL STATE IN A CLEAR AND CONSPICUOUS MANNER:

1.        THAT THE MOTOR VEHICLE WAS RETURNED TO THE
MANUFACTURER OR FACTORY BRANCH;

2.        THE NATURE OF THE DEFECT, IF ANY, THAT RESULTED
IN THE RETURN; AND

3.        THE CONDITION OF THE MOTOR VEHICLE AT THE TIME
THAT IT IS TRANSFERRED TO THE DEALER.

(2) (I) IF THE RETURNED VEHICLE IS THEN MADE AVAILABLE FOR
RESALE, THE SELLER SHALL PROVIDE A COPY OF THE MANUFACTURER'S
DISCLOSURE FORM TO THE CONSUMER PRIOR TO SALE.

(II) IF THE RETURNED VEHICLE IS SOLD, THE SELLER SHALL SEND
A COPY OF THE MANUFACTURER'S DISCLOSURE FORM, SIGNED BY THE CONSUMER,
TO THE ADMINISTRATION.

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Session Laws, 1994
Volume 773, Page 1637   View pdf image
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