What vehicles does the Massachusetts Lemon Law cover?
Massachusetts Lemon Law covers all new cars, motorcycles, vans or trucks purchased or leased in Massachusetts that
- Do not conform to the manufacturer’s express warranty
- That have been subject to three or more repair attempts for substantially the same defect, or if the vehicle has spent more than 15 business days in a repair shot for any combination of serious repairs.
For how long does the law cover the vehicle?
The law covers vehicles for the first year or 15,000 miles , whichever comes first.
What is a Lemon?
The law defines a lemon as a new motor vehicle (passenger car, combination passenger/commercial van, truck or motorcycle) purchased or leased in Massachusetts that substantially impairs the use, market value or safety of the vehicle and which, after “a reasonable number of attempts”, cannot be repaired so that it does conform to that warranty.
Under the law, a manufacturer or dealer must make a reasonable number of attempts to rectify the defects, and, failing that, shall either refund the full price or replace the vehicle.
What’s a reasonable number of attempts?
The same problem has to be subjected to a reasonable number of repair attempts and still continue to exist after these attempts at repair. The law presumes that a “reasonable number” is three .
The “reasonable number of attempts requirement” may be satisfied when the vehicle has been out of service for repair at the dealership for a cumulative total of fifteen (15) days or more – not necessarily all at one time.
Do I have rights if my vehicle has gone past the Lemon Law period?
Absolutely. Even if your vehicle has gone past 2 years or 18,000 miles , there are still Federal and State warranty laws that protect you.
Can I file a lawsuit right away?
You have the right to proceed to court if you have met the Lemon Law requirements and the manufacturer refuses to refund your money or replace your vehicle with one that is acceptable to you. You may also seek court action for violation of the Consumer Protection Act (M.G.L.A. Chapter 93A). Alternatively, car manufacturers and the Attorney General also have arbitration programs available to consumers.
What are your remedies?
- A replacement with an identical or comparable new car; or
- A refund of the contract price. A mileage deduction for the use you have had of the vehicle may or may not be deducted.
- Refund or replacement awards may also include reimbursement for other damages or costs if you have receipts.
Does Massachusetts Lemon Law apply to used cars?
The law does not apply to used cars, but Massachusetts has the Used Car Warranty Law, M.G.L.A. c. 90, § 7N ¼ that still protect used car purchasers. Under that law, consumers are entitled to a refund if )a defect impairs the safety or use of the vehicle during the warranty period, and (b) a defect continued to exit despite three or more repair attempts or was out of service for a cumulative total of ten business days.