Spot Delivery Lawsuit

Look again at the facts in Brawner v. National Motors Inc. Which of these facts is least important to Brawner’s claim that the dealership violated her rights under the spot delivery law? C. That the Plaintiff spent a lot of money getting rides when she did not have a car.  Look again at the facts in Brawner v. National Motors Inc. Which of the following could be a violation of MCPA, but not the spot delivery statute? (this is a tough one, think carefully). C.

Defendant argument that it was refusing to return all the money because Plaintiff effectively rented the car during the period of the spot-delivery.  Under the spot delivery law, can a consumer refuse to return the vehicle, if the dealership has complied with the law? B. No.  Under the spot delivery law, if a consumer is ordered to return a vehicle, and does so, but does not enter into a new agreement, which of the following is the dealer prohibited from doing? B.

Requiring the consumer to pay a fee for the failed sale  Which of the following purchases would be covered by Maryland’s Lemon Law? A. A purchase of a single, new, light truck by a construction firm.  Which of the following defects is most likely to be covered by Maryland’s Lemon Law? C.

A mechanical defect that causes the car to stall at speed in cold weather  Suppose that a 2 month old car breaks down, suffering a failure of the engine immobilizer, causing the car to be impossible to start, even with the key in the ignition. The first repair attempt takes 7 days. Afterwards, the car works for 2 days, then fails again. The second repair attempt takes a further 14 days, after which the car again works for two days, then fails.

The final repair attempt takes 7 days, after which the car again works for 2 days then fails. On the same day the purchaser refuses to allow further repair attempts and demands a replacement car. Is the purchaser entitled to the subsection (d) presumption that the number of repair attempts allowed was reasonable? D.

No, because the car has not been out of service for 30 days or more, and has had only 3 repair attempts.  Suppose that (in the above scenario) the car is subsequently returned to the manufacturer in exchange for a refund. The manufacturer sends the car out to another dealer for sale. Can the dealer sell the car? B. Yes, provided that the dealer tells the consumer about the return and the defect. .