Sec. Warranties  

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  • A. A dealer who sells a new motor vehicle in this State shall provide to the purchaser a notice that describes the rights and remedies available to consumers under the Maryland Automotive Warranty Enforcement Act, Commercial Law Article, Title 14, subtitle 15, Annotated Code of Maryland.

    B. The notice in §A of this regulation shall be:

    (1) Made available by the Motor Vehicle Administration in a format prescribed by the Administration;

    (2) Reproduced by the dealer at the dealer’s cost for reproduction; and

    (3) Given to the purchaser at the time of the sale or delivery of the motor vehicle.

    C. Except as provided in Commercial Law Article, §2-316.1(4), a warranty may not contain language which specifically disclaims any implied warranty of merchantability or fitness. Examples of prohibited disclaimers are as follows:

    (1) “This warranty is expressly in lieu of any other warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and any other obligations or liabilities on the seller’s part”, or similar language that could be construed by a consumer to limit his recourse to the terms of express warranties.

    (2) “This vehicle is being sold as is, without any implied or express warranty of merchantability”, or similar language.

    (3) “Sold used with 50-50 warranty. The dealer hereby guarantees this vehicle for _____ days after ____________, 20____ with the understanding that necessary repairs made within this period of time will be charged half to the buyer and half to the dealer, of total retail cost of parts and labor used,” or similar language.