Wilmington, DE asked in Consumer Law for Maryland

Q: Does Maryland U.C.C. apply to used vehicles? Can a used vehicle be returned within a few days of purchase?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: Two different questions. The UCC generally applies to the sale of goods, so in that respect, it applies to the sale of a vehicle, but only if the transaction involves at least one party that is a "merchant" as defined under the Code--which means, a person or entity in the business of buying or selling that type of product. In other words, it does not apply to private transactions between two consumers (ordinary citizens) who are buying or selling from each other. So, if you bought the car from a used car dealer, it applies. Now, whether you have a right to return the vehicle for ANY reason, the answer is no. If you are referring to Maryland's Lemon Law, that only has to do with the sale of a new car, and requires that something be wrong with the car before its provisions apply. For all transactions, new and used, involving a dealership, there are car dealer rules and regulations found under the Transportation Code, as well as rights for consumers to bring actions under the Maryland Consumer Protection Act for false, misleading or fraudulent conduct or representations. In addition to that, there are contract remedies that generally apply to all transactions--even those between consumers--whereby a buyer of a vehicle might sue for return of their money (rescission of the contract) or the cost of repairs to a vehicle (monetary damages) based on breach of the express terms of the contract, breach of a warranty that the vehicle was free of certain defects or would be free of defects for a minimum period of time, misrepresentation of a material fact that induced the sale, etc. There is no general 3 day right to terminate a sale and get your money back in the State of Maryland involving sales of vehicles. You need a good reason. Between private party consumers, a sale "as is" means you bought the vehicle at your own risk, and the only way out of the deal is if the seller lied about something that convinced you to buy it.

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