Under Maine's Lemon Law (Title 10, Maine Revised Statutes, sections 1161 through 1169), a new vehicle is presumed to be a "lemon" if the manufacturer or its dealer cannot fix the same substantial defect after three or more repair attempts, or if the vehicle has been out of service for repairs for a cumulative total of 15 or more business days. For a defect likely to cause death or serious bodily injury, just one failed repair attempt can trigger the law. Any of these problems must arise and be reported during Maine's "term of protection," which runs for the shorter of three years from the date the vehicle was delivered to you or the length of the manufacturer's express warranty. If your vehicle meets these tests, you are entitled to a full refund or a comparable replacement vehicle.
Which Vehicles and Defects Qualify
Maine's Lemon Law applies to a new motor vehicle that was purchased or leased in Maine and is normally used for personal, family, or household purposes. It also covers vehicles used partly for business, as long as the buyer is not a large fleet operator. Both purchased and leased vehicles are protected, and the law follows the vehicle to a later owner who buys it within the term of protection.
To qualify, the problem must be a nonconformity a defect or condition that substantially impairs the use, safety, or value of the vehicle and that is covered by the manufacturer's written warranty. Minor annoyances, cosmetic flaws, or problems you caused through abuse, neglect, or unauthorized modification do not count. The defect also cannot be the result of an accident or owner-installed equipment.
Used vehicles are generally not covered by the new-car Lemon Law, although they may be protected by other Maine consumer-protection statutes, a remaining factory warranty, or the federal Magnuson-Moss Warranty Act if a written warranty applies.
The Repair-Attempt and Out-of-Service Tests
The heart of the law is the "reasonable number of attempts" standard. Maine presumes the manufacturer has had a reasonable chance to fix the vehicle when one of these thresholds is met during the term of protection:
- Three or more repair attempts for the same substantial nonconformity, with the problem still unresolved.
- One repair attempt for a defect that is likely to cause death or serious bodily injury if the vehicle is driven.
- 15 or more business days out of service for repair of one or more nonconformities, counted cumulatively across the term of protection.
Business days mean days the dealer's service department is normally open, so weekends and holidays generally do not count. Keep every repair order, even for visits where the dealer says it found nothing wrong each visit still counts as an attempt and helps prove your case.
It is critical that you report the defect during the term of protection. The clock that matters is when the problem first occurs and is brought in for repair not when you ultimately file a claim. Reporting promptly and in writing protects your eligibility.
What You Can Recover: Refund or Replacement
If your vehicle qualifies, the manufacturer must, at your option, either replace it with a comparable new vehicle or refund what you paid. A refund generally includes the full contract price, plus collateral charges such as sales tax, license and registration fees, finance charges, and similar costs. The manufacturer may subtract a reasonable allowance for your use of the vehicle, calculated under a statutory formula tied to the mileage on the vehicle before your first repair attempt for the defect rather than total miles driven.
For a leased vehicle, the refund covers the lease payments you made and other charges, and the lease is terminated without an early-termination penalty. If the manufacturer issues a replacement, it must be a vehicle of comparable value, and any difference in collateral costs is adjusted between the parties.