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Session Laws, 1995
Volume 793, Page 3404   View pdf image
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Ch. 602

1995 LAWS OF MARYLAND

(e)     It shall be presumed that a reasonable number of attempts have been
undertaken to conform a motor vehicle to the applicable warranties if:

(1)     The same nonconformity, defect, or condition has been subject to repair
4 or more times by the manufacturer or factory branch, or its agents or authorized
dealers, within the warranty period but such nonconformity, defect, or condition
continues to exist;

(2)     The MOTOR vehicle is out of service by reason of repair of 1 or more
nonconformities, defects, or conditions for a cumulative total of 30 or more days during
the warranty period; or

(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)      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
lessee by reason of war, invasion, strike, or fire, flood, or other natural disaster.

(g)     If a motor vehicle is returned to a manufacturer or factory branch under
subsection (d)(l)(i) 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.

(h) If a motor vehicle that is returned under this subtitle is then made available
for resale or subsequent lease, the seller or lessor shall disclose prior to sale or lease in
writing in a clear and conspicuous manner, on a separate piece of paper in 10-point all
capital type, to a lessee or buyer 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 or subsequent lease.

14-2005.

(A) TITLE 2A OF THIS ARTICLE SHALL NOT APPLY TO MOTOR VEHICLE
LEASES GOVERNED BY THIS SUBTITLE.

[(a)] (B) [This] EXCEPT AS PROVIDED IN SUBSECTION (A) OF THIS SECTION,
THIS subtitle does not limit the rights or remedies that are otherwise available to a lessee
under any other law, including any implied warranties, including the federal Magnusson
Moss Warranty Act and the Maryland Uniform Commercial Code.

[(b)](C) (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 lessee [must] NEED NOT
resort to that procedure before § 14-2004(c) of this subtitle applies.

(2) A lessee who has resorted to an informal dispute settlement procedure
may not be precluded from seeking the rights or remedies available by law.

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Session Laws, 1995
Volume 793, Page 3404   View pdf image
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