Is My Car a Lemon? Understanding Eligibility Under Maryland Lemon Law

Do You Have a Lemon? Here’s How to Find Out

When you buy a new vehicle, you expect it to be safe, reliable, and free of major defects. But what if your car repeatedly breaks down despite multiple repair attempts? If this sounds familiar, you may have a lemon—a car that meets specific criteria under Maryland law.

Maryland’s Automotive Warranty Enforcement Act (Md. Code, Com. Law § 14-1501 et seq.), commonly known as the Maryland Lemon Law, protects consumers who unknowingly purchase defective vehicles. However, not every car with mechanical issues qualifies. To determine whether your vehicle is covered, you need to understand the eligibility requirements, repair attempt limits, and the legal process for seeking compensation.

This guide will walk you through the key factors that determine whether your car meets Maryland’s legal definition of a lemon, explain what steps you should take, and outline your options for getting a refund or replacement.

What Is Maryland Lemon Law and Who Does It Protect?

Maryland’s Lemon Law applies to new passenger vehicles, motorcycles, light trucks, and motor homes purchased or leased in the state. This law ensures that if a vehicle has a substantial defect that the manufacturer or dealer cannot repair within a reasonable timeframe, the owner may be entitled to a full refund or a replacement vehicle.

However, the law does not cover used vehicles unless they are still within the original manufacturer’s warranty period. Additionally, vehicles used primarily for commercial purposes do not qualify.

What Are the Requirements for a Vehicle to Be a Lemon in Maryland?

Under Md. Code, Com. Law § 14-1502, a vehicle is considered a lemon if it meets the following three conditions:

• The vehicle has a substantial defect. The problem must significantly impact the car’s use, safety, or market value. Common qualifying defects include brake failure, engine problems, transmission malfunctions, electrical system issues, and safety-related defects.
• The defect occurs within 24 months or 18,000 miles of delivery. To be covered, the issue must arise within the first two years or 18,000 miles, whichever happens first.
• A reasonable number of repair attempts have been made. Maryland law defines a reasonable number as:
• Four or more unsuccessful repair attempts for the same defect.
• One failed repair attempt for a serious safety defect that could cause death or injury.
• The vehicle is out of service for at least 30 cumulative days due to repairs.

If your vehicle meets these criteria, it may be officially classified as a lemon, and you could be eligible for a replacement or refund.

What Defects Qualify Under Maryland Lemon Law?

Not every defect makes a car a lemon. To be eligible, the defect must be substantial—meaning it significantly affects use, safety, or resale value. Here are some common defects that often qualify under Maryland Lemon Law:

• Engine and transmission failures
• Braking system malfunctions
• Power steering or suspension defects
• Electrical system failures (e.g., ignition, dashboard, power locks, or lights malfunctioning)
• Defective airbags or seat belts
• Fuel system issues that cause leaks or safety risks

However, minor cosmetic issues, noisy brakes, or problems caused by owner negligence typically do not qualify under the law. If the defect does not substantially affect the vehicle’s operation, safety, or market value, it may not meet Maryland’s legal definition of a lemon.

How Many Repair Attempts Are Needed?

To be protected under Maryland Lemon Law, the manufacturer or dealer must have had enough chances to fix the defect. The law specifically outlines what counts as a reasonable number of repair attempts:

• Four or more unsuccessful attempts to fix the same recurring issue.
• One repair attempt for a defect that poses a serious safety risk (such as brake or steering failure).
• If the vehicle is in the repair shop for a total of 30 or more days due to warranty-covered defects.

If your vehicle meets these standards and is still defective, you may be entitled to a replacement vehicle or a full refund.

Which Vehicles Are Not Covered by Maryland Lemon Law?

While Maryland provides strong consumer protections, not all vehicles qualify under the Automotive Warranty Enforcement Act. The following vehicles are not covered:

• Used cars (unless still under the manufacturer’s original warranty).
• Commercial vehicles (those used primarily for business).
• Vehicles with defects caused by owner abuse, accidents, or unauthorized modifications.

If your car does not qualify under Maryland Lemon Law, you may still have legal options, such as pursuing a claim under federal Magnuson-Moss Warranty Act protections or the Maryland Consumer Protection Act.

What Should You Do If You Think You Have a Lemon?

If you suspect that your car qualifies as a lemon, here are the steps you should take to protect your rights:

• Document Everything. Keep detailed records of every repair attempt, including receipts and work orders. Write down dates of service, the nature of the problem, and the dealership’s response.
• Notify the Manufacturer in Writing. Send a formal written complaint to the manufacturer explaining the defect and requesting a refund or replacement.Under Maryland law, the manufacturer must be given one final opportunity to repair the defect.
• Follow Up on Repairs. If the issue remains unresolved after the final repair attempt, the lemon law process officially begins.
• Consider Arbitration or Legal Action. Some manufacturers offer arbitration programs to resolve disputes.If arbitration is unsuccessful, you may file a lawsuit against the manufacturer.
• Consult a Lemon Law Attorney. A lawyer can help you navigate the process and maximize your chances of compensation.

Maryland Lemon Law requires manufacturers to cover legal fees if the consumer wins the case.

How Long Does It Take to Settle a Lemon Law Claim?

The length of time needed to resolve a lemon law claim depends on several factors:

• If the manufacturer quickly agrees to a refund or replacement, the process may take a few months.
• If arbitration is required, it may take several months to a year.
• If a lawsuit is necessary, it could take over a year to resolve.

Keeping detailed records and seeking legal help can speed up the process.

What Are the Possible Outcomes of a Maryland Lemon Law Claim?

If you win your claim, the manufacturer must provide one of the following:

• A Full Refund
  The buyback settlement amount includes the vehicle’s purchase price, taxes, registration fees, and any finance charges. The manufacturer may deduct a reasonable usage fee based on mileage.
• A Replacement Vehicle
  You may receive a new vehicle of the same model and specifications. You will not have to pay additional costs unless you upgrade to a higher model.
• Settlement Negotiation
  Some cases result in a cash settlement without a full refund or replacement.

State Agencies That Help with Lemon Law Claims

If you need assistance with a lemon law claim, you can contact:

• Maryland Attorney General’s Consumer Protection Division
  Phone: (410) 528-8662
  Toll-Free: (888) 743-0023
  Website: www.marylandattorneygeneral.gov

This office provides guidance and mediation services but does not provide legal representation.

You can also file a complaint with the Better Business Bureau (BBB) Auto Line, a dispute resolution program recognized by some manufacturers.

How to Strengthen Your Lemon Law Claim

To improve your chances of winning a refund or replacement, follow these tips:

• Keep detailed records. Document all repair attempts, dealership visits, and communications with the manufacturer.
• File your claim within three years. Under Maryland law, you must file a lawsuit within three years of the vehicle’s delivery date.
• Avoid unauthorized repairs. Only get repairs done at an authorized dealership to maintain eligibility.
• Seek legal help early. A lemon law attorney can guide you through the process and ensure you receive the best possible outcome.

Additional information:
Maryland Lemon Law Information