Maine Lemon Law: Do You Qualify?

Maine lemon law at a glance

Coverage window

The nonconformity must be reported during the express warranty term, within 3 years after original delivery, or during the first 18,000 miles, whichever occurs earliest. The duty to repair continues after the period for a nonconformity reported inside it. The Attorney General says the mileage is the odometer reading.

Repair attempts

3 or more attempts for the same nonconformity that continues to exist, or 1 or more attempts for a serious failure of the braking or steering systems. The refund duty applies where the manufacturer is unable to conform the vehicle after a reasonable number of attempts.

Days out of service

A cumulative total of 15 or more business days. The arbitration rules define a business day as a day the authorized dealer's service department is normally open. The warranty term, the 18,000 miles, the 3 years and the 15 days are extended by any period when repair services were not available because of war, invasion, strike, fire, flood or other natural disaster.

Written notice

Notify the manufacturer or its authorized dealer in writing that you want a refund or replacement; the manufacturer then has 7 business days after receipt for a final repair. No consumer may be required to notify the manufacturer unless its warranty or owner's manual clearly and conspicuously says written notice is required before a refund or replacement.

Arbitration

State arbitration through the Attorney General can be requested within 3 years of original delivery or within the express warranty term, whichever comes first. If the manufacturer has a Part 703 compliant dispute program, the refund provision does not apply until you have first used it or state arbitration.

Used vehicles and leases

The act has no separate used-vehicle track; a person to whom the vehicle is transferred during an express warranty is a consumer, and the arbitration rules cover "a new or used motor vehicle". A lessee has the same rights as a purchaser. A governmental entity, a business that registers 3 or more vehicles, and a vehicle used primarily for commercial purposes at 8,500 pounds GVW or more are excluded.

What the manufacturer can argue

It is an affirmative defense that the nonconformity does not substantially impair the use, safety or value of the vehicle, or that it is the result of abuse, neglect or unauthorized modifications or alterations by anyone other than the manufacturer, its agents or authorized dealers since delivery. An agreement that waives, limits or disclaims your rights under the chapter is void.

Records and resale

On request the manufacturer or dealer shall provide a copy of all repair records for your vehicle and all reports relating to it (10 M.R.S. § 1169(9)). A vehicle returned to the manufacturer under the Lemon Law may not be resold without clear and conspicuous written disclosure, and its title carries the brand "Lemon Law Buyback" (§ 1163(7); 29-A M.R.S. § 670).

Court deadline

The chapter states no limitation period for a court action. General Maine law gives 6 years for civil actions after the cause of action accrues (14 M.R.S. § 752) and 4 years for an action on a contract for sale (11 M.R.S. § 2-725); the sources we checked do not say which applies to a claim under the chapter.

Maine lemon law: frequently asked questions

How many repair attempts does the Maine lemon law require?

Three or more for the same nonconformity, if it continues to exist. For a serious failure of the braking or steering systems, one or more attempts are enough. A vehicle out of service for repair for a cumulative total of 15 or more business days also triggers the presumption. The refund duty applies where the manufacturer is unable to conform the vehicle after a reasonable number of attempts.

How long do I have to report a defect and bring a claim?

The defect must be reported during the express warranty term, within 3 years after original delivery or during the first 18,000 miles, whichever occurs earliest. State arbitration must be requested within 3 years of original delivery or within the warranty term, whichever comes first; later only if the manufacturer agrees. The chapter has no court-suit deadline of its own. Maine's general limits are 6 years for civil actions (14 M.R.S. § 752) and 4 years for an action on a contract for sale (11 M.R.S. § 2-725); the sources we checked do not say which governs a lemon-law claim, so do not wait.

Do I have to notify the manufacturer in writing or arbitrate before suing?

If the repairs have not worked, the consumer shall notify the manufacturer or the authorized dealer in writing of the wish for a refund or replacement, and the manufacturer then has 7 business days after receipt for a final repair. But no consumer may be required to notify the manufacturer unless its warranty or owner's manual clearly and conspicuously says written notification is required before a refund or replacement; the Attorney General's guide says the state arbitration application is not accepted without the notice, except where that disclosure was missing. The statute does not make arbitration a precondition to suit. But if the manufacturer has an informal dispute procedure that complies with 16 C.F.R. Part 703, the refund and replacement provision does not apply until you have used it or state-certified arbitration; that is satisfied 40 days after you notify the procedure, or sooner when it finishes its duties, and the Attorney General's rules say a rejection of your application also satisfies it.

Does the Maine lemon law cover used or leased vehicles?

The act's definitions of "consumer" and "motor vehicle" do not say "new". A person to whom the vehicle is transferred during the express warranty is a consumer, and a lessee has the same rights as a purchaser. The arbitration rules define "motor vehicle" as "a new or used motor vehicle", and the Attorney General says the law applies to any new or used car, motorcycle, van, truck or RV bought or leased in Maine and still covered by an express warranty. A demonstration or executive vehicle is covered if, when first sold to a consumer, it met the definition of a new motor vehicle in 10 M.R.S. § 1171(13).

What can I recover, and what can the manufacturer argue?

The manufacturer must replace the vehicle with a comparable one or refund the purchase price (or lease payments), collateral charges such as sales tax and registration fees, and reasonable towing, storage and alternative transportation costs, less a reasonable allowance for use. The statute caps the allowance at the lesser of a per-mile figure or 10% of the purchase price; the Attorney General says it can never be more than 10%. Attorney's fees, lost time and lost wages are not part of the refund, but a court may award attorney's fees and costs, and a manufacturer that ignores an arbitration decision can owe no less than 2 times the actual award. It is an affirmative defense that the nonconformity does not substantially impair the use, safety or value of the vehicle, or is the result of abuse, neglect or unauthorized modifications or alterations by anyone other than the manufacturer, its agents or authorized dealers since delivery.

Statutes cited on this page

• 10 M.R.S. § 1161(1) (who is a "consumer": purchaser, lessee, or a person to whom the vehicle is transferred during the express warranty; a business registering 3 or more vehicles is not)
• 10 M.R.S. § 1161(3) (what is a "motor vehicle": sold or leased in Maine; excludes commercial vehicles of 8,500 pounds GVW or more)
• 10 M.R.S. § 1161(4) (reasonable allowance for use: the lesser of the per-mile figure or 10% of the purchase price)
• 10 M.R.S. § 1163(1) (duty to repair a nonconformity reported within the warranty term, 3 years of delivery or 18,000 miles, whichever occurs earliest; the duty continues after the period for a nonconformity reported inside it)
• 10 M.R.S. § 1163(3) (presumption of a reasonable number of attempts: 3 attempts, 1 for a serious braking or steering failure, or 15 business days out of service)
• 10 M.R.S. § 1163(3-A) (written notice and the manufacturer's 7-business-day final opportunity to repair)
• 10 M.R.S. § 1163(6) (a consumer need not notify the manufacturer unless the warranty or owner's manual clearly says written notice is required; the manufacturer must give the address)
• 10 M.R.S. § 1165 (manufacturer's informal dispute procedure that complies with 16 C.F.R. Part 703: used first, or state-certified arbitration; satisfied after 40 days)
• 10 M.R.S. § 1164 (affirmative defenses: no substantial impairment; abuse, neglect or unauthorized modification)
• 10 M.R.S. § 1162(3) (an agreement that waives, limits or disclaims the chapter's rights is void)
• 10 M.R.S. § 1168(2) (a lessee has the same rights against the manufacturer as a purchaser)
• 10 M.R.S. § 1169(1) (state-certified arbitration by the Attorney General's office: request within 3 years of delivery or the warranty term, whichever comes first)
• 10 M.R.S. § 1169(5) (appeal of an arbitration finding to Superior Court within 21 days of issuance; trial de novo)
• 10 M.R.S. § 1167 (attorney's fees and costs in a consumer's successful action)
• 14 M.R.S. § 752 (civil actions within 6 years after the cause of action accrues, except as otherwise specially provided)
• 11 M.R.S. § 2-725(1) (an action for breach of a contract for sale: 4 years after the cause of action accrues)
• 10 M.R.S. § 1163(2) (manufacturer must replace with a comparable vehicle or refund; refund is the purchase price or lease payments, collateral charges and towing, storage and alternative transportation, less a reasonable allowance for use)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.