26-239 C.M.R. ch. 106, § 11 - THE DECISION
Current through 2022-14, April 6, 2022
All decisions shall be in writing, dated and signed by the arbitrator, and mailed to both parties and the Attorney General.
The mailing date of the decision shall determine compliance with the 45 day requirement.
The arbitrator may make an oral decision at the hearing but it shall not be binding until a written decision is mailed.
Any monetary award of the total purchase price or lease payments to date, collateral charges, and costs shall be calculated in accordance with 10 M.R.S.A. §1163, but may be affected by any previous rebates, awards or settlements made the consumer. Local excise taxes are not collateral charges for purposes of reimbursement. The "reasonable use allowance" shall be based on the mileage accumulated after delivery of the vehicle to the consumer buyer or lessee.
If a replacement vehicle is accepted by the consumer and the replacement vehicle has less mileage than the consumer's vehicle, then the manufacturer may require the consumer to pay a reasonable allowance for use based on the difference in mileage. This allowance shall be calculated according to 10 M.R.S.A. §1161, sub-§4.
As long as the arbitrator determines that:
In determining whether the vehicle's "value" has been impaired the arbitrator may consider evidence that the vehicle's current market value is substantially lower than it would have been but for the nonconformity(s).
In determining whether the vehicle is substantially impaired, the arbitrator shall not consider evidence that the nonconformity(s) can be repaired given an additional attempt(s) subsequent to the hearing. Such evidence may be considered in determining whether there have been a reasonable number of attempts to repair the vehicle.
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