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Assistive Device State Lemon Laws

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Maryland

Maryland's Code Annotated, Commercial Law 14 - 2701 (Wheel Chair Statute)

Summary of the Law:

Who & What is covered:

Marylands statute covers any consumer who acquires a wheel chair by purchase, lease, transfer, or ability to enforce the warranty.

Consumer Remedies:

Under the statute, any defects with the wheel chair must be fixed within a reasonable number of attempts. If the defects with the wheel chair are not fixed within a reasonable number of attempts, the consumer must offer to transfer possession of the motorized wheel chair to the manufacturer. Then the consumer has a right to a replacement wheel chair or a refund of the price paid. The manufacturer has 30 days from the date of the offer to transfer possession to give the consumer either a replacement wheelchair or a refund. Additionally, any violation of this statute is also an unfair and deceptive trade practice.

Resale of "lemon" wheel chairs:

Any wheelchair which is repurchased by the manufacturer because it is a "lemon" under this statute cannot be resold in Maryland without full disclosure to the consumer.

Details of the Law:

Devices Covered: Wheel Chairs

Persons Covered: any purchaser, lessee, recipient, or other person who has the right to enforce the warranty

Period Covered:

Disclosure Requirements:

Required Consumer Notice:

Repair Requirements: a "reasonable" number of attempts (no stated minimum or maximum number)

Affirmative Defenses:

Replace or refund: consumer must offer to return unit to manufacturer; then manufacturer must either replace or repurchase it within 30 days

Other reimbursement:

Other remedies:

Informal dispute resolution:

Resale of Lemon: resale inside the state is prohibited unless full disclosure (that the unit was replaced or repurchased under the "Lemon Law") is given

Links to State Info:

Disability Access Card Discount Program
Disabled Public Transportation
Gas Pumps for Disabled Buyers
Governor's Office for Disabled Persons
Maryland School for the Deaf

 

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