Maple tree

At www.treehelp.com this is what they say about maple trees dying: "Once the disease becomes established, it's hard to control. For this reason, it's best to cut down and destroy seriously infected trees. In some cases, though, it may be worth trying to save one, if by pruning out the infected branches, the value of the tree as a landscape plant is not destroyed. Be sure to keep the tree well watered during dry periods. This is very critical and may be more important than fertilizing in helping the tree to recover. As with so many plant diseases, it's better to prevent maple wilt than to try to cure it. So keep your maples in healthy, vigorous condition with good annual care. This involves proper feeding, watering, pruning, repair of injuries and other maintenance." Apparently they are really susceptible to airborn infections and funguses. It might be worth trying to get a refund and possibly choosing a hardier variety?

If you just bought it I would take it back. Especially if you got it at Lowes or Home Depot because they have warranties on their plants. But no matter where you bought it, if it is diseased they may need to know to protect the rest of their trees. But they will also be able to help you in what to do with it. Or better yet, they may just give you a new one. I know it's a pain to dig it back up, but I would take it back.