What Is the Lemon Law in Maryland for Used Cars
Maryland's lemon law, codified as Commercial Law Article § 14-1501 through § 14-1504, applies exclusively to new motor vehicles registered in Maryland.
However, Maryland law provides a limited exception: the lemon law may apply to a used vehicle only if the original owner purchased it less than 24 months ago and the vehicle has been driven fewer than 18,000 miles. Even if a buyer is not the original owner, protection extends through this manufacturer's warranty period, measured from original delivery. Because these strict requirements apply from the date of first sale, most used vehicles fall outside lemon law coverage by the time they are resold.
Maryland's lemon law requires manufacturers to correct defects within 30 days after receiving written notice by certified mail. The statute applies to vehicles registered in Maryland as Class A (passenger), Class D (motorcycle), Class E (truck with 3/4 ton or less capacity), or Class M (multipurpose) vehicles. Motor homes are excluded from coverage. If manufacturers cannot correct defects after reasonable repair attempts, they must replace the vehicle or provide a refund minus an allowance for use not exceeding 15 percent of the purchase price.
What Protections Do Used Car Buyers Have in Maryland?
Maryland establishes specific protections for used vehicle buyers through state warranty requirements and dealer disclosure obligations, supplemented by federal consumer protection statutes.
Maryland Implied Warranty Protections
Maryland provides consumer protection through the implied warranty of merchantability, which requires used vehicles sold by dealers to be fit for ordinary use. Unlike some states, Maryland restricts when dealers can sell vehicles "as is."
Under Maryland law, dealers may only disclaim implied warranties for used vehicles that are both over six model years old AND have been driven more than 60,000 miles. For all other used vehicles, implied warranties apply regardless of "as is" language in sales contracts. This means dealers selling newer or lower-mileage used vehicles cannot escape warranty obligations through contractual disclaimers.
Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act provides remedies when dealers or manufacturers breach written warranty terms. This federal statute covers written warranties, implied warranties of merchantability and fitness, and service contract obligations. Buyers can recover damages, replacement vehicles, refunds, and attorney fees when warranty obligations are not honored.
FTC Used Car Rule
The FTC Used Car Rule mandates that dealers display a Buyers Guide on each used vehicle. This disclosure identifies warranty coverage or "as is" status, describes which systems receive warranty protection and for how long, specifies the division of repair costs between dealer and buyer, and advises buyers to arrange independent pre-purchase inspections.
Understanding "As Is" Sales in Maryland
Maryland restricts "as is" sales more than most states. Dealers cannot disclaim implied warranties for all used vehicles and face limitations based on vehicle age and mileage.
What "As Is" Means for Maryland Buyers
Maryland dealers may sell vehicles "as is" and disclaim implied warranties only when the vehicle meets both requirements: it is over six model years old AND has been driven more than 60,000 miles. When these conditions are met, dealers can conspicuously disclaim implied warranties through written language acknowledged by the buyer.
For vehicles that are six model years old or newer, or that have 60,000 miles or less, dealers cannot effectively disclaim implied warranties. Even if the sales contract contains "as is" language, the implied warranty of merchantability remains in effect. Dealers remain responsible for selling vehicles fit for ordinary transportation when statutory thresholds are not met.
Limited Dealer Disclosure Requirements
Maryland imposes disclosure obligations that dealers cannot avoid through "as is" language. Federal odometer disclosure laws require accurate mileage statements on all title transfers. Dealers must complete prior-use disclosure forms indicating whether vehicles served as rental cars, taxis, or demonstrators. Dealers must provide accurate bills of sale documenting purchase prices, financing terms, and applicable fees.
Maryland regulations require dealers to disclose when vehicles were previously repurchased by manufacturers under lemon laws. Dealers must notify the Motor Vehicle Administration and provide signed disclosure forms to buyers when selling lemon law buyback vehicles. Dealers must also comply with salvage title disclosure requirements and accurately report vehicle history when known.
Limited Exceptions to "As Is" Protection
Maryland buyers retain legal recourse despite "as is" language when dealers engage in prohibited conduct. "As is" disclaimers do not shield dealers from fraud, material misrepresentations about vehicle condition or history, or concealment of known defects. Dealers cannot use "as is" language to escape liability for odometer tampering, failure to disclose prior accidents or salvage history, or deceptive practices.
When dealers make oral representations contradicting "as is" disclaimers, buyers may pursue claims for fraudulent misrepresentation. Material omissions of known defects that would have influenced the purchase decision create liability regardless of contract disclaimers. Maryland's Consumer Protection Act provides additional remedies when dealers engage in unfair or deceptive trade practices in vehicle sales.
Filing a Consumer Complaint
Maryland Office of the Attorney General
Consumer Protection Division
200 St. Paul Place, Baltimore, MD 21202
Phone: (410) 528-8662
Toll-free: (888) 743-0023
Official Website: Consumer Protection Division
Maryland Motor Vehicle Administration
Office of Investigations
6601 Ritchie Highway, Glen Burnie, MD 21062
Phone: (410) 768-7536
Official Website: Motor Vehicle Administration
