An Act To Amend the Uniform Commercial Code Regarding Motor Vehicle Warranties
Maine Legislature, Session 125, LD 1684
Committee: Judiciary
Sponsors: CUSHING, RECTOR, CLARK, NUTTING, WILLETTE, COLLINS, COURTNEY, PLOWMAN, THOMAS
Amends: 11 MRSA §2

Legislative Document 
No. 1684 
H.P. 1236 
House of Representatives, December 23, 2011 
An Act To Amend the Uniform Commercial Code Regarding Motor 
Vehicle Warranties 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 21, 2011.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CUSHING of Hampden. 
Cosponsored by Senator RECTOR of Knox and 
Representatives: CLARK of Easton, Speaker NUTTING of Oakland, WILLETTE of 
Mapleton, Senators: COLLINS of York, COURTNEY of York, PLOWMAN of Penobscot, 
THOMAS of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  11 MRSA §2-316, sub-§(5), as amended by PL 1997, c. 497, §1, is 
further amended to read: 
(5).    The provisions of subsections (2), (3) and (4) do not apply to sales of consumer 
goods or services. Any language, oral or written, used by a seller or manufacturer of 
consumer goods and services that attempts to exclude or modify any implied warranties 
of merchantability and fitness for a particular purpose or to exclude or modify the 
consumer's remedies for breach of those warranties is unenforceable.  A seller or 
manufacturer of a motor vehicle may indicate that, to the extent permitted by law, the 
seller or manufacturer is excluding or modifying implied warranties.  Any language, oral 
or written, used by a prior seller or manufacturer of consumer goods and services that 
attempts to exclude or modify the warranty or reimbursement remedy of a retail seller of 
consumer goods and services who provides reimbursement or return to a consumer as 
required to honor an implied warranty of merchantability due to a defect for which that 
prior seller or manufacturer is liable under section 2-314 or 2-315 is unenforceable.  
Consumer goods and services are those new or used goods and services, including mobile 
homes, that are used or bought primarily for personal, family or household purposes.  
(a).  A violation of section 2-314, 2-315 or 2-316 arising from the retail sale of 
consumer goods and services constitutes a violation of Title 5, chapter 10, Unfair 
Trade Practices Act. 
(b).  A violation of section 2-316 arising from an attempt by a prior seller or 
manufacturer of consumer goods and services to exclude or modify the warranty or 
reimbursement remedy of a retail seller of consumer goods and services who 
provides reimbursement or return to a consumer as required to honor an implied 
warranty of merchantability due to a defect for which that prior seller or manufacturer 
is liable under section 2-314 or 2-315 does not constitute a violation of Title 5, 
chapter 10, Unfair Trade Practices Act. 
SUMMARY 
This bill allows a seller or manufacturer of a motor vehicle to indicate that, to the 
extent permitted by law, the seller or manufacturer is excluding or modifying implied 
warranties.