26-239 C.M.R. ch. 106, § 1 - PURPOSE AND DEFINITIONS

Current through 2022-14, April 6, 2022

A. Purpose. These Rules are promulgated pursuant to the "Maine Lemon Law," 10 M.R.S.A. §1169(3) [hereinafter referred to as "Lemon Law"]. They set forth the procedures for state-certified motor vehicle Lemon Law arbitration as required by that law. These Rules are designed to promote the speedy, efficient, and fair disposition of disputes arising out of defective motor vehicles.

B. Definitions. Unless otherwise stated, terms used in these regulations are as defined or used in the Maine Lemon Law, 10 M.R.S.A. §§1161 - 1169.

1. "Arbitrator" means the arbitrator selected by the Attorney General to conduct state-certified motor vehicle arbitrations.

2. "Business day" means any day during which the service department of the authorized dealer of the manufacturer is normally open for business.

3. "Decision's date of issuance" means the date the arbitrator mails the written decision to the parties, plus 3 days for mail delivery. For example, if a party appeals the arbitrator's decision the appeal must be filed within 24 days after the decision's mailing date.

4. "Documents" means, but is not limited to, relevant manufacturer's service bulletins, technical reports or notices, work or repair orders, diagnoses, bills, and all communications relating to the consumer's claim.

5. "Lease payments" means the total of the lease payments made by the consumer, including any down payment or any trade-in allowance that was part of the lease contract and any security deposit.

6. "Lemon Law term of protection" means the term of the manufacturer's express warranties, or the period of three years following the date of original delivery of the motor vehicle to the original consumer buyer or lessee, or during the first 18,000 miles of operation, whichever is the earliest date.

7. "Motor vehicle" means a new or used motor vehicle which meets the Lemon Law definition at 10 M.R.S.A. §1161(3) and which is owned or leased by a consumer who meets the Lemon Law definition at 10 M.R.S.A. §1161(1).

8. "Total purchase price" means the total price charged the consumer by the dealer prior to subtracting any rebates or deposits or any credits or allowances for any trade-in vehicles, and including the cost of all options and services (e.g., air-conditioning, rustproofing) added to the price of the motor vehicle.

Notes

26-239 C.M.R. ch. 106, § 1