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a lessor and lessee shall must be made as their interests exist | at the time the refund is to be made. |
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| | Sec. 3. 10 MRSA §1163, sub-§3, ¶¶A and B, as repealed and replaced by | PL 1989, c. 570, §3, are amended to read: |
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| A. The same nonconformity has been subject to repair 3 or | more times by the manufacturer or its agents or authorized | dealers within the express warranty term, during the | period of 2 years following the date of original delivery | of the motor vehicle to a consumer or during the first | 18,000 miles of operation, whichever is the earlier date, | and at least 2 of those times the same agent or dealer | attempted the repair but the nonconformity continues to | exist; or |
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| B. The vehicle is out of service by reason of repair by | the manufacturer, its agents or authorized dealer, of any | defect or condition or combination of defects for a | cumulative total of 15 or more business days during that | warranty term or the appropriate time period, whichever is | the earlier date.; or |
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| | Sec. 4. 10 MRSA §1163, sub-§3, ¶C is enacted to read: |
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| C.__The vehicle has multiple problems that have not been | successfully repaired after the vehicle has been out of | service for 15 or more business days within the warranty | term as a result of those problems. |
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| | Sec. 5. 10 MRSA §1169, §1, 2 and 5, as amended by PL 1999, c. 212, §4, | are further amended to read: |
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| | 1. Neutral new car arbitration. All manufacturers shall | submit to state-certified, new car arbitration if arbitration | is requested by the consumer within 2 years from the date of | original delivery to the consumer of a new motor vehicle or | within the term of the express warranties, whichever comes | first. State-certified arbitration must be performed by one | or more a panel of 5 neutral arbitrators selected by the | Department of the Attorney General operating in accordance | with the rules adopted pursuant to this chapter. The Attorney | General may contract with an independent entity to provide | arbitration or the Attorney General's office may appoint | neutral arbitrators. The 5 members of the arbitration panel | must include one person who is a new car dealer, one person | who is knowledgeable about automobile mechanical systems and 3 | members of the general public. Each party to an arbitration | is entitled to one rejection of a proposed arbitrator. |
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