Attorney Fees in Maine Lemon Law Cases

Maine’s fee picture is strong where it counts: mandatory for a prevailing consumer on a lemon-law arbitration appeal (§ 1169(5)) and under the UTPA § 213, with discretionary fees in standalone lemon-law court suits and a Magnuson-Moss backstop.

Fee bases by route

Statute / route	Attorney fees	Where
Lemon Law § 1167	Discretionary (“may award”)	ME court (standalone)
Lemon Law § 1169(5)	Mandatory (“must be awarded”)	Superior Court arbitration appeal
UTPA § 213	Mandatory (with tender limit)	ME court
Magnuson-Moss § 2310(d)(2)	Strongly presumed	ME or federal court

Mandatory on arbitration appeal (§ 1169(5))

When a manufacturer (or consumer) appeals an AG arbitration decision to Superior Court, a prevailing consumer must be awarded reasonable attorney fees and costs. And if the manufacturer’s appeal lacked a reasonable basis or was frivolous, damages are doubled — a powerful combination.

Mandatory under the UTPA (§ 213)

Because a lemon-law violation is a UTPA violation (§ 1166), the UTPA’s mandatory § 213 fees are available in a court action. The catch: the tender-of-settlement limit — if the judgment isn’t more favorable than a rejected offer, post-offer fees are forfeited.

Magnuson-Moss § 2310(d)(2)

15 U.S.C. § 2310(d)(2) provides federal-court fee recovery “based on actual time expended” — a backstop and federal-venue option for cases over $50K.

How fees shape strategy

• AG arbitration for a fast, near-free result (funded by the $1-per-car fee).
• Superior Court appeal with mandatory fees if the manufacturer appeals — plus double damages if the appeal is frivolous.
• UTPA court action for restitution plus mandatory fees (after the 30-day demand) — mind the tender limit.

Contingency representation

Because fees are mandatory on appeal and under the UTPA, Maine attorneys take meritorious cases on contingency: no fee upfront, costs advanced, fees recovered from the manufacturer.

Bottom line

Maine’s fees are mandatory where it matters — arbitration appeals (§ 1169(5)) and the UTPA (§ 213) — alongside discretionary standalone lemon-law fees and Magnuson-Moss. Combined with double-damages-for-frivolous-appeal, the fee structure strongly favors consumers. Get a free case review.

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