Maine Revised Statutes Title 10: commerce and trade table of Contents Part general provisions 8
§1476. PERFORMANCE UNDER WARRANTY
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| §1476. PERFORMANCE UNDER WARRANTY
1. Failure to perform warranty obligations prohibited. No dealer shall fail to perform his obligation under a warranty made in accordance with this chapter. It shall not constitute a failure to perform such obligations if a dealer refuses to act in accordance with the provisions of that warranty with respect to any mechanical defect that resulted from unreasonable use or maltreatment of that motor vehicle by the purchaser. [ 1975, c. 770, §57 (NEW) .] 2. Conditions deemed failure to perform warranty. A dealer shall be considered to have failed to perform his obligations under warranty made in accordance with this chapter if: A. He fails to perform repair or replacement of parts required under the warranty within: (1) Five calendar days, excluding Saturday, Sunday and legal holidays, after the date on which the purchaser delivers the motor vehicle to him for such repair or replacement; or (2) Thirty-five calendar days after the date on which the purchaser delivers the motor vehicle to him if necessary parts are not available to the dealer during the period set forth in subparagraph (1); or (3) A reasonable period after the period set forth in subparagraph (2) if necessary parts are not available to the dealer because of a strike, natural disaster or other disaster affecting the manufacture, distribution or shipment of parts; or [1975, c. 770, §57 (NEW).] B. He fails to provide the purchaser with the use of an operating motor vehicle at no cost, except gasoline and oil, beginning at the conclusion of the time stated in paragraph A, subparagraphs (1) and (2), and continuing until repairs have been completed; or [1975, c. 770, §57 (NEW).] C. He transfers ownership of a used motor vehicle which does not conform to the warranty imposed by section 1474, subsection 1; or [1977, c. 78, §34 (AMD).] D. He fails in any other material respect to perform an obligation arising out of the warranty within a reasonable time. [1975, c. 770, §57 (NEW).] [ 1977, c. 78, §34 (AMD) .]
A. Rescind the contract of sale and recover the full consideration paid for the motor vehicle, including the fair market value of any property forming part of that consideration, reduced only by: (1) The amount of damage caused to the motor vehicle by the purchaser, other than damage resulting primarily from a mechanical defect repairable under the warranty; and (2) With respect to vehicles that have been in possession of the purchaser for more than 30 days, diminution, if any in the retail fair market value of the motor vehicle attributable to the period during which the consumer has had possession of said motor vehicle in useable condition. Fair market value for the purposes of this subparagraph shall be measured by the average retail price listed in an authorized used car guide, such as the National Automobile Dealer's Association Official Used Car Guide New England Edition, issued next before the sale and next before the rescission. [1975, c. 770, §57 (NEW).] B. Recover damages in an amount equal to the differences between the fair market value of the motor vehicle in its actual condition at the time the dealer fails to perform his obligations under the warranty and the fair market value of the motor vehicle had it been as warranted. Such damages may be deducted from any balance due on the contract or recovered by the purchaser in a civil action. Before initiating a civil action pursuant to this paragraph, the purchaser must give the dealer written notice that the dealer has failed to perform his obligations under the warranty. The written notice shall be given to the dealer by registered or certified mail addressed to his usual place of business or to his last known business address. [1975, c. 770, §57 (NEW).] [ 1975, c. 770, §57 (NEW) .]
[ 1975, c. 770, §57 (NEW) .] SECTION HISTORY 1975, c. 770, §57 (NEW). 1977, c. 78, §34 (AMD). §1477. VIOLATIONS 1. Violations of this chapter to be violations of the Unfair Trade Practices Act. Any violation of this chapter shall constitute a violation of Title 5, chapter 10, Unfair Trade Practices Act. [ 1975, c. 770, §57 (NEW) .] 2. Civil penalty. Each violation of this chapter constitutes a civil violation and shall be punished by a forfeiture of not less than $100 nor more than $1,000. No action may be brought for a civil violation under this subsection more than 2 years after the date of the occurrence of the violation. No dealer may be held liable for a civil violation under this subsection if that dealer shows by a preponderance of the evidence that the violation was unintentional and a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid any such error. The failure of a dealer or a seller of a used motor vehicle to disclose all information concerning a vehicle which is sold to another dealer as required by section 1475, when the information is known to the dealer or seller at the time of the sale or transfer of the vehicle, shall also be considered a violation of this chapter and shall constitute a civil violation that is subject to the civil penalties provided for in this subsection. [ 1989, c. 198, §3 (AMD) .] 3. Private remedies. In addition to any other remedy, if a dealer violates this chapter, that dealer is liable to the purchaser in an amount determined by the court of not less than $100 nor more than $1,000 as liquidated damages, and for costs and reasonable attorney's fees. No action may be brought under this subsection more than 2 years after the date of the occurrence of the violation. No dealer may be held liable under this subsection if that dealer shows by a preponderance of the evidence that the violation was unintentional and a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid any such error. In addition to any other remedy, if a seller of a used motor vehicle who sells the vehicle to a dealer fails to disclose facts concerning that vehicle which are required to be disclosed by the provisions of section 1475, which facts were known by the seller at the time the disclosure was made, the seller is liable to the purchasing dealer in an amount determined by the court of not less than $100 nor more than $1,000 as liquidated damages, and for costs and reasonable attorney's fees. No action may be brought under this subsection more than 30 months after the date of the occurrence of the violation. [ 1993, c. 112, §4 (AMD) .] SECTION HISTORY 1975, c. 770, §57 (NEW). 1981, c. 296, §5 (AMD). 1983, c. 311, §§4,5 (AMD). 1989, c. 198, §§3,4 (AMD). 1993, c. 112, §4 (AMD).
A. For the purposes of this section, "state agency" includes the Maine community colleges. [1989, c. 443, §20 (AMD); 2003, c. 20, Pt. OO, §2 (AMD); 2003, c. 20, Pt. OO, §4 (AFF).] [ 1989, c. 443, §20 (AMD); 2003, c. 20, Pt. OO, §2 (AMD); 2003, c. 20, Pt. OO, §4 (AFF) .]
A. In the event that a uniform disclosure form prepared by the Bureau of Motor Vehicles is not available for state agency use, each agency shall devise a form until a uniform form becomes available. [1991, c. 837, Pt. A, §26 (AMD).] B. This subsection applies to motor vehicles purchased on or after July 1, 1986. [1985, c. 569, §2 (NEW).] [ 1991, c. 837, Pt. A, §26 (AMD) .] 3. Transfer of vehicles among agencies. Whenever a motor vehicle or an article of equipment, subject to the provisions of this section, is transferred from one state agency to another state agency, the disclosure form for the transferred motor vehicle or equipment shall be transferred with the motor vehicle or article of equipment. [ 1985, c. 569, §2 (NEW) .] 4. Disclosure at auction. At the time that a motor vehicle or article of equipment is provided to the auction for sale, the disclosure form must be attached to that vehicle or equipment in a place visible to the general public. The disclosure form must also indicate the last known date on which the vehicle passed inspection pursuant to Title 29-A, chapter 15. A. In the event that a motor vehicle submitted by a state agency to the state auction does not possess a valid inspection certificate that has been issued within 180 days previous to the auction, the motor vehicle is subject to inspection pursuant to Title 29-A, chapter 15. If the motor vehicle passes inspection, a current and valid inspection certificate must be affixed to the vehicle. [1995, c. 65, Pt. A, §22 (AMD); 1995, c. 65, Pt. A, §153 (AFF); 1995, c. 65, Pt. C, §15 (AFF).] B. In the event that a motor vehicle subjected to a vehicle inspection pursuant to this subsection does not pass the inspection, the provision of section 1474, subsection 4 applies to the motor vehicle. [1985, c. 569, §2 (NEW).] [ 1995, c. 65, Pt. A, §22 (AMD); 1995, c. 65, Pt. A, §153 (AFF); 1995, c. 65, Pt. C, §15 (AFF) .] 5. Temporary certification. Any motor vehicle for which there is no current and valid certificate of motor vehicle inspection at the time of sale at a state auction and which does not pose a serious threat to the general public, as determined by the Bureau of Purchases from the form required in subsection 2 and from an inspection of the vehicle, may be provided a temporary certificate authorizing the operation of the motor vehicle from the auction site to a point designated by the purchaser. [ 1985, c. 569, §2 (NEW) .] SECTION HISTORY 1985, c. 569, §2 (NEW). 1989, c. 443, §20 (AMD). 1991, c. 837, §A26 (AMD). 1995, c. 65, §A22 (AMD). 1995, c. 65, §§A153,C15 (AFF). 2003, c. 20, §OO2 (AMD). 2003, c. 20, §OO4 (AFF). Chapter 217-A: MOLD ASSESSMENT AND REMEDIATION SERVICES
A person may not provide both mold assessment and remediation services on a building project unless the person has provided to the owner of the building or the owner's agent a signed disclosure statement regarding the potential for conflict of interest in providing both mold assessment and remediation services. For purposes of this section, "person" means an individual, a partnership, a corporation or any other legal entity. [2007, c. 355, §1 (NEW).] SECTION HISTORY 2007, c. 355, §1 (NEW). Chapter 219: INSULATION CONTRACTORS
As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [1977, c. 660, (NEW).] 1. Insulation. "Insulation" means any material, including, but not limited to, mineral wool, cellulose fibre, vermeculite and perlite, and foams to reduce heat flow between the interior and exterior surfaces of a building. [ 1981, c. 470, Pt. B, §1 (AMD) .] 2. Person. "Person" means an individual, a copartnership, corporation or any other legal entity. [ 1977, c. 660, (NEW) .] 3. Residence or residential. "Residence" or "residential" shall mean any existing dwelling structure with 3 or less living units whether leased or owner occupied. Except as provided in this subsection, buildings used for commercial or business purposes shall not be subject to the provisions of this chapter. [ 1977, c. 660, (NEW) .] 4. Resistance factor. "Resistance factor" shall have the same meaning as "thermal resistance," as defined in the ASHRAE Handbook of Fundamentals. [ 1977, c. 660, (NEW) .] SECTION HISTORY 1977, c. 660, (NEW). 1981, c. 470, §B1 (AMD). §1482. RESIDENTIAL INSULATION CONTRACT No person shall install insulation in any existing residence for compensation without providing the owner or lessee in advance with a written contract which shall include, but not be limited to, the following provisions which shall be clearly and conspicuously disclosed in the contract: [1977, c. 660, (NEW).] 1. Resistance factor. The resistance factor of the insulation per inch and the thickness in inches to be installed; [ 1977, c. 660, (NEW) .] 2. Type of insulation. The type of insulation to be installed; [ 1977, c. 660, (NEW) .] 3. Area covered. An estimate of the square footage of area to be covered; [ 1977, c. 660, (NEW) .] 4. Degree of flammability. The degree of flammability of the insulation; [ 1979, c. 154, (RPR) .] 5. Method of installation. The method of installation to be used; [ 1977, c. 660, (NEW) .] 6. Type of ventilation. The type of ventilation to be installed. If no ventilation is to be installed, the contract shall so state; [ 1977, c. 660, (NEW) .] 7. Guarantee against settling. Whether the installed insulation is guaranteed against settling and, if so, for how long and to what degree; if not, the contract shall so state; [ 1977, c. 660, (NEW) .] 8. Type of vapor barrier. The type of vapor barrier to be installed. If no vapor barrier is to be installed, the contract shall so state; [ 1977, c. 660, (NEW) .] 9. Areas to be insulated. The areas of the dwelling to be insulated; [ 1977, c. 660, (NEW) .] 10. Changes required. Any construction, reconstruction or structural changes required to install the insulation; [ 1977, c. 660, (NEW) .] 11. Work following insulation. Any restoration, finishing or cleanup work to be performed following the installation of insulation; [ 1977, c. 660, (NEW) .] 12. Provisions of warranties. The provisions of all warranties; [ 1983, c. 681, §1 (AMD) .] 13. Names. The name, business address and owner of the firm providing the goods and services provided herein; and [ 1983, c. 681, §1 (AMD) .] 14. Use of urea formaldehyde insulation. If urea formaldehyde insulation is to be installed, the following information: A. A warning that urea formaldehyde may cause the occupants to experience harmful side effects, including respiratory problems, dizziness, nausea, eye and throat irritations and cancer; [1983, c. 681, §2 (NEW).] B. Disclosure that allergic symptoms may develop anywhere from a few days to more than 6 months after installation; and [1983, c. 681, §2 (NEW).] C. Disclosure whether the contractor will take corrective action if an allergic reaction develops. [1983, c. 681, §2 (NEW).] [ 1983, c. 681, §2 (NEW) .] SECTION HISTORY 1977, c. 660, (NEW). 1979, c. 154, (AMD). 1983, c. 681, §§1,2 (AMD).
Any person who fails to provide the owner or tenant with an insulation contract, containing at least the minimum information required by section 1482, prior to this installation of insulation into an existing residence shall be deemed to have committed a civil violation for which a forfeiture of not less than $200 for the first offense and not less than $500 for each subsequent offense shall be adjudged. In addition to the civil penalty provided in this section, any violation of this chapter shall constitute a violation of the Unfair Trade Practices Act in Title 5, chapter 10. [1977, c. 660, (NEW).] SECTION HISTORY 1977, c. 660, (NEW). §1484. EXEMPTION This chapter shall not apply to any person who provides to the owner or the lessee of a residence the labor or material for installing insulation in that residence if that person is not primarily engaged in the business of installing insulation and if that person does not advertise, solicit or hold himself out as one who installs insulation. For the purposes of this section, the term "not primarily engaged in the business of installing insulation" means having gross receipts for the installation of insulation which do not exceed either $2,500 for all labor or $4,500 for all materials in any one calendar year. [1977, c. 660, (NEW).] SECTION HISTORY 1977, c. 660, (NEW). §1485. DEVELOPMENT OF INSULATION FACT SHEET (REPEALED) SECTION HISTORY 1979, c. 212, (NEW). 1989, c. 501, §§DD26-28 (AMD). 2003, c. 644, §5 (RP). Chapter 219-A: HOME CONSTRUCTION CONTRACTS §1486. DEFINITIONS As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1987, c. 574, (NEW).] 1. Change orders. "Change orders" means a written amendment to the home construction contract which becomes part of and is in conformance with the existing contract. [ 1989, c. 502, Pt. A, §30 (AMD) .] 2. Down payment. "Down payment" means all payments to a home construction contractor prior to or contemporaneous with the execution of the home construction contract. [ 1987, c. 574, (NEW) .] 3. Materials. "Materials" means all supplies which are used to construct, alter or repair a residence. [ 1987, c. 574, (NEW) .] 4. Home construction contract. "Home construction contract" means a contract to build, remodel or repair a residence, including not only structural work but also electrical, plumbing and heating work; carpeting; window replacements; and other nonstructural work. [ 1989, c. 248, §1 (AMD) .] 5. Residence. "Residence" means a dwelling with 3 or fewer living units and garages, if any. Buildings used for commercial or business purposes are not subject to this chapter. [ 1989, c. 248, §1 (AMD) .] SECTION HISTORY 1987, c. 574, (NEW). 1989, c. 248, §1 (AMD). 1989, c. 502, §A30 (AMD). §1487. HOME CONSTRUCTION CONTRACTS Any home construction contract for more than $3,000 in materials or labor must be in writing and must be signed by both the home construction contractor and the homeowner or lessee. Both the contractor and the homeowner or lessee must receive a copy of the executed contract prior to any work performance. This basic contract must contain the entire agreement between the homeowner or lessee and the home construction contractor and must contain at least the following parts: [2003, c. 85, §1 (AMD).] 1. Names of parties. The name, address and phone number of both the home construction contractor and the homeowner or lessee; [ 1987, c. 574, (NEW) .] 2. Location. The location of the property upon which the construction work is to be done; [ 1987, c. 574, (NEW) .] 3. Work dates. Both the estimated date of commencement of work and the estimated date when the work will be substantially completed. The estimated date of commencement of work and the completion date may be changed if work can not begin or end due to circumstances beyond the control of the contractor, including, but not limited to, the lack of readiness of the job site or the unavailability of building materials; [ 2003, c. 85, §2 (AMD) .] 4. Contract price. The total contract price, including all costs to be incurred in the proper performance of the work, or, if the work is priced according to a "cost-plus" formula, the agreed-upon price and an estimate of the cost of labor and materials; [ 1987, c. 574, (NEW) .] 5. Payment. The method of payment, with the initial down payment being limited to no more than 1/3 of the total contract price; [ 1987, c. 574, (NEW) .] 6. Description of the work. A general description of the work and materials to be used; [ 1987, c. 574, (NEW) .] 7. Warranty. A warranty statement which reads: "In addition to any additional warranties agreed to by the parties, the contractor warrants that the work will be free from faulty materials; constructed according to the standards of the building code applicable for this location; constructed in a skillful manner and fit for habitation or appropriate use. The warranty rights and remedies set forth in the Maine Uniform Commercial Code apply to this contract"; [ 1989, c. 248, §2 (AMD) .]
"If a dispute arises concerning the provisions of this contract or the performance by the parties that may not be resolved through a small claims action, then the parties agree to settle this dispute by jointly paying for one of the following (check only one): (1) Binding arbitration under the Maine Uniform Arbitration Act, in which the parties agree to accept as final the arbitrator's decision ( ); (2) Nonbinding arbitration, with the parties free to reject the arbitrator's decision and to seek a solution through other means, including a lawsuit ( ); or (3) Mediation, in which the parties negotiate through a neutral mediator in an effort to resolve their differences in advance of filing a lawsuit ( )"; [ 2009, c. 173, §1 (AMD) .] 9. Change orders. A change order statement which reads: "Any alteration or deviation from the above contractual specifications that results in a revision of the contract price will be executed only upon the parties entering into a written change order"; [ 1989, c. 248, §2 (AMD) .]
[ 1989, c. 193, §1 (AMD) .] 11. Residential insulation. If the construction includes installation of insulation in an existing residence, any disclosures required by chapter 219, Insulation Contractors; [ 2005, c. 619, §1 (AMD); 2005, c. 619, §6 (AFF) .] 12. Energy standards. A statement by the contractor that chapter 214 establishes minimum energy efficiency building standards for new residential construction, and whether the new building or an addition to an existing building will meet or exceed those standards; [ 2005, c. 619, §2 (AMD); 2005, c. 619, §6 (AFF) .] 13. Consumer protection information. As an addendum to the contract, a copy of the Attorney General's consumer protection information on home construction and repair, which includes information on contractors successfully sued by the State, as provided on the Attorney General's publicly accessible website; and [ 2005, c. 619, §3 (NEW); 2005, c. 619, §6 (AFF) .] 14. Attorney General's publicly accessible website. A clear and conspicuous notice that states that consumers are strongly advised to visit the Attorney General's publicly accessible website to gather current information on how to enforce their rights when constructing or repairing their homes, as well as the Attorney General's publicly accessible website address and telephone number. [ 2005, c. 619, §4 (NEW); 2005, c. 619, §6 (AFF) .] SECTION HISTORY 1987, c. 574, (NEW). 1989, c. 193, §§1,2 (AMD). 1989, c. 248, §2 (AMD). 2003, c. 85, §§1,2 (AMD). 2005, c. 619, §§1-4 (AMD). 2005, c. 619, §6 (AFF). 2009, c. 173, §1 (AMD). Directory: statutes statutes -> Maine Revised Statutes Title 38: waters and navigation chapter 3: protection and improvement of waters statutes -> Maine Revised Statutes Title 10: commerce and trade chapter 206-B: personal sports mobile manufacturers, distributors and dealers statutes -> Maine Revised Statutes Title 36: taxation chapter 111: aircraft, house trailers and motor vehicles §1481. Definitions statutes -> Title 12: conservation chapter 611: salmon commission table of Contents Part marine resources statutes -> Article 1 in general 35 1 101. Local contributions; disposition statutes -> §90-B. Address confidentiality program definitions Download 5.38 Mb. Share with your friends:
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