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<section article="gcl" article_name="Commercial Law" number="14-2001" title_number="14" title_name="Miscellaneous Consumer Protection Provisions" subtitle_number="20" subtitle_name="Consumer Motor Vehicle Leasing Contracts">
  <level label="a">
    <text>In this subtitle the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>“Adjusted capitalized cost” means the amount which serves as the basis for determining the base lease payment, computed by subtracting from the capitalized cost any capitalized cost reduction.</text>
    </level>
    <level label="2">
      <text>“Adjusted capitalized cost” is amortized during the lease term to the estimated residual value by the application of a portion of each scheduled lease payment.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>“Capitalized cost” means the amount which, when reduced by the amount of the capitalized cost reduction, equals the adjusted capitalized cost.</text>
    </level>
    <level label="2">
      <text>“Capitalized cost” shall include all items that are capitalized in the lease and, after the application of the capitalized cost reduction, amortized by the scheduled lease payments over the term of the lease.</text>
    </level>
    <level label="3">
      <text>“Capitalized cost” shall include to the extent capitalized and amortized as set forth in paragraph (2) of this subsection:</text>
      <level label="i">
        <text>Taxes, registration, license, acquisition, administration, assignment, and other similar fees;</text>
      </level>
      <level label="ii">
        <text>Charges for insurance, an extended warranty, mechanical repair contract, service contract, vehicle maintenance agreement, and any other similar charge;</text>
      </level>
      <level label="iii">
        <text>Charges for a waiver of the contractual obligation to pay the gap amount;</text>
      </level>
      <level label="iv">
        <text>Charges for accessories and installation of accessories;</text>
      </level>
      <level label="v">
        <text>Charges for delivering, servicing, repairing, or improving the vehicle; and</text>
      </level>
      <level label="vi">
        <text>Charges for other goods, services, and benefits incidental to the consumer lease transaction.</text>
      </level>
    </level>
    <level label="4">
      <text>“Capitalized cost” also shall include, to the extent capitalized and amortized as set forth in paragraph (2) of this subsection, with respect to a vehicle or other property traded–in in connection with a lease, the unpaid balance of any amount financed under an outstanding vehicle loan agreement or vehicle retail installment contract or the unpaid portion of the early termination obligation under any lease or other obligation of the lessee.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>“Capitalized cost reduction” means any payments made by cash, check, rebates, or similar means that are in the nature of down payments made by the lessee and any net trade–in allowance granted by the lessor at the inception of the consumer lease for the purpose of reducing the capitalized cost.</text>
    </level>
    <level label="2">
      <text>“Capitalized cost reduction” does not include any base lease payments due at the inception of the lease or all of the lease payments if they are all paid at the inception of the lease.</text>
    </level>
  </level>
  <level label="e">
    <text>“Consumer Leasing Act” means that act of Congress codified at 15 U.S.C. §§ 1667 through 1667e, and regulations promulgated pursuant thereto, as amended.</text>
  </level>
  <level label="f">
    <text>“Dealer” means a dealer as defined in § 15–101(c) of the Transportation Article.</text>
  </level>
  <level label="g">
    <level label="1">
      <text>“Lease” or “leasing” means a contract in the form of a bailment or lease for the use of a motor vehicle by an individual primarily for personal, family, or household purposes, for a period of time exceeding 4 months, including renewal periods, whether or not the lessee has the option to purchase or otherwise become the owner of the motor vehicle at the expiration of the lease.</text>
    </level>
    <level label="2">
      <text>“Lease” does not include:</text>
      <level label="i">
        <text>A lease intended as security as defined in § 11–127.1(a) of the Transportation Article;</text>
      </level>
      <level label="ii">
        <text>A lease which meets the definition of a credit sale in Federal Regulation Z, 12 C.F.R. § 226.2(A);</text>
      </level>
      <level label="iii">
        <text>A lease for agricultural, business, or commercial purposes; or</text>
      </level>
      <level label="iv">
        <text>A lease made to an organization.</text>
      </level>
    </level>
  </level>
  <level label="h">
    <text>“Lessee” means an individual who leases under, or who is offered, a motor vehicle lease.</text>
  </level>
  <level label="i">
    <level label="1">
      <text>“Lessor” means a person who during any 12–month period leases or offers to lease five or more motor vehicles or who is assigned five or more leases.</text>
    </level>
    <level label="2">
      <text>“Lessor” does not include the holder of a security interest in leases to secure an obligation or a holder of an interest in a trust that owns leases.</text>
    </level>
  </level>
  <level label="j">
    <text>“Manufacturer, factory branch, or distributor” means a person, partnership, association, corporation, or entity engaged in the business of manufacturing or assembling motor vehicles or of distributing motor vehicles to motor vehicle dealers as defined in § 15–201(b), (c), and (e) of the Transportation Article.</text>
  </level>
  <level label="k">
    <level label="1">
      <text>“Motor vehicle” means a motor vehicle that is registered in this State as a:</text>
      <level label="i">
        <text>Class A (passenger) motor vehicle;</text>
      </level>
      <level label="ii">
        <text>Class E (truck) motor vehicle with a 3/4 ton or less manufacturer’s rated capacity; or</text>
      </level>
      <level label="iii">
        <text>Class M (multipurpose) motor vehicle.</text>
      </level>
    </level>
    <level label="2">
      <text>“Motor vehicle” does not include a motor home as defined by the Motor Vehicle Administration.</text>
    </level>
  </level>
  <level label="l">
    <level label="1">
      <text>“Original lessor” means the person identified in the lease as the lessor of the motor vehicle.</text>
    </level>
    <level label="2">
      <text>“Original lessor” does not include any assignee of the lease.</text>
    </level>
  </level>
  <level label="m">
    <level label="1">
      <text>“Warranty” means the written warranty, so labeled, of the manufacturer of a new motor vehicle including any terms or conditions precedent to the enforcement of obligations under that warranty and shall include any motor vehicle subject to a lease.</text>
    </level>
    <level label="2">
      <text>“Warranty” includes any implied warranties provided for by federal or State law, including the federal Magnusson Moss Warranty Act and the Maryland Uniform Commercial Code.</text>
    </level>
  </level>
  <level label="n">
    <text>“Warranty period” means the earlier of:</text>
    <level label="1">
      <text>The period of the motor vehicle’s first 15,000 miles of operation; or</text>
    </level>
    <level label="2">
      <text>15 months following the date of original delivery of the motor vehicle to the lessee.</text>
    </level>
  </level>
</section>
