PARRIS N. GLENDENING, Governor

Ch. 602

[(c)] (D) [(1) Any] EXCEPT AS OTHERWISE PROVIDED BY THIS SUBTITLE,
ANY agreement entered into by a lessee for the lease of a new motor vehicle that waives,
limits, or disclaims the rights set forth in this subtitle shall be void.

[(2) The rights available to a lessee under this subtitle shall inure to an
assignee of the lessee's rights under the lease or a subsequent transferee of a new motor
vehicle.]

(E) (1) IF A LESSOR PERMITS THE LESSEE TO ASSIGN ANY INTEREST IN THE
LEASE OR IN THE MOTOR VEHICLE, UPON SUCH ASSIGNMENT THE RIGHTS
AVAILABLE TO A LESSEE UNDER THIS SUBTITLE SHALL INURE TO AN ASSIGNEE OF
THE LESSEE'S RIGHTS UNDER THE LEASE OR A SUBSEQUENT TRANSFEREE OF THE
MOTOR VEHICLE.

(2) NOTHING IN THIS SUBTITLE SHALL BE CONSTRUED TO PERMIT A
LESSEE TO SUBLEASE A MOTOR VEHICLE IN VIOLATION OF ARTICLE 27, § 208 OF THE
CODE.

[(d)] (F) (1) Any action brought under this subtitle [shall be commenced within
3 years of the date of original delivery of the motor vehicle to the lessee] MAY NOT BE
BROUGHT MORE THAN 1 YEAR AFTER TERMINATION OF THE LEASE.

(2) NOTWITHSTANDING THE LIMITATION IN PARAGRAPH (1) OF THIS
SUBSECTION, A LESSEE AT ANY TIME MAY ASSERT A VIOLATION OF THIS SUBTITLE
IN AN ACTION TO COLLECT THE DEBT AS A MATTER OF DEFENSE, BY RECOUPMENT
OR SETOFF.

[(e)](G) (1) A court may award reasonable attorney's fees to a prevailing
plaintiff under this subtitle.

(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.

(H) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
LESSOR MAY CHARGE FEES FOR EXCESS WEAR AND USE OR EXCESS MILEAGE IF:

(I)      THE RIGHT TO CHARGE THE FEES AND METHOD FOR
CALCULATING THE FEES ARE DISCLOSED IN THE LEASE IN AT LEAST 8 POINT BOLD
CAPITAL LETTERS;

(II)     AT THE TIME THE VEHICLE IS RETURNED, THE LESSOR
CONDUCTS A VISUAL INSPECTION OF THE VEHICLE AND PROVIDES THE LESSEE
WITH A REASONABLE OPPORTUNITY TO BE PRESENT AT THE INSPECTION. IF THE
LESSEE IS PRESENT, IN ADDITION TO THE NOTICE REQUIRED BY SUBPARAGRAPH
(III) OF THIS PARAGRAPH, THE LESSOR SHALL PROVIDE THE LESSEE AT THE TIME
OF THE INSPECTION WITH A WRITTEN STATEMENT OF THE MILEAGE AND OF THE
EXCESS WEAR TO THE MOTOR VEHICLE IDENTIFIED THROUGH THE VISUAL
INSPECTION. IF THE LESSEE IS NOT PRESENT AT THE INSPECTION, THE LESSOR IS
ONLY REQUIRED TO PROVIDE THE LESSEE WITH THE NOTICE REQUIRED BY
SUBPARAGRAPH (III) OF THIS PARAGRAPH;

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