Ch. 217                                    1994 LAWS OF MARYLAND

[(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.]

(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 may 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.

(1) (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.

(m) This subtitle does not apply to a fleet purchase of five or more motor vehicles.

Article - Transportation

13-106.

(a)     The Administration shall:

(1)     File each application for a certificate of title that it receives; and

(2)     Issue a certificate of title of the vehicle if:

(i) It finds that the applicant is entitled to the certificate of title; and
(ii) It has received the required fees.

(b)     The Administration shall keep a record of all certificates of title that it issues,
as follows:

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