Massachusetts Lemon Law

When it comes to purchasing a new or used vehicle in Massachusetts, it’s crucial to be aware of the state’s Lemon Law, which offers protection to consumers in the event they’ve bought a defective vehicle. In this comprehensive guide, we’ll dive into the details of the Massachusetts Lemon Law, exploring eligibility requirements, the process for pursuing a claim, and how to ensure you get the most out of your rights as a consumer.

Is Your Vehicle Covered Under the MA Lemon Law?

To be eligible for protection under the Massachusetts Lemon Law, your vehicle must meet the following criteria:

  1. Type of Vehicle: The law covers new and used passenger vehicles, motorcycles, and vans that are sold or leased in Massachusetts by a dealer or leasing company.
  2. Timeframe: The vehicle must experience a defect within the first 15,000 miles or within one year from the original delivery date, whichever comes first.
  3. Defect Severity: The defect must significantly impair the vehicle’s use, market value, or safety.
  4. Repair Attempts: The vehicle must have undergone at least three unsuccessful repair attempts for the same defect, or it must have been out of service for a cumulative total of 15 or more business days due to defects.

Pursuing a Lemon Law Case in Massachusetts

If your vehicle meets the above eligibility criteria, follow these steps to pursue a Lemon Law claim:

  1. Notify the Manufacturer or Dealer: Send a written notice to the manufacturer or dealer detailing the defects and requesting a final repair attempt. The notice should include your contact information, vehicle identification number (VIN), a description of the issue, and a list of previous repair attempts.
  2. Allow for Final Repair Attempt: The manufacturer or dealer has seven business days to schedule the final repair attempt. If the repair is unsuccessful, proceed to the next step.
  3. Submit a Demand for Arbitration: If the final repair attempt fails, you can request an arbitration hearing through the Massachusetts Office of Consumer Affairs and Business Regulation (OCABR). Fill out the necessary forms and submit them, along with supporting documentation, within 18 months of the vehicle’s original delivery date.
  4. Prepare for the Arbitration Hearing: Gather evidence to support your claim, including repair invoices, vehicle inspection reports, and any correspondence with the manufacturer or dealer. Be prepared to present your case clearly and concisely.
  5. Attend the Arbitration Hearing: During the hearing, an impartial arbitrator will review your case and determine if your vehicle qualifies as a lemon. Both you and the manufacturer will have an opportunity to present evidence and testimony.
  6. Abide by the Arbitrator’s Decision: If the arbitrator rules in your favor, the manufacturer must either replace your vehicle with a comparable model or refund your purchase price, minus a reasonable allowance for use.

MASSACHUSETTS Lemon Law

Protections and Recourse: Know Your Rights as a Massachusetts Consumer

The Massachusetts Lemon Law provides several key protections for consumers who have purchased or leased a defective vehicle:

  1. Arbitration Costs: Manufacturers must pay for the cost of arbitration, ensuring that consumers can pursue a Lemon Law claim without incurring financial burdens.
  2. Legal Representation: Consumers have the right to be represented by an attorney during the arbitration process, though it is not required.
  3. Resale Disclosure: If a vehicle is returned to the manufacturer under the Lemon Law, it cannot be resold in Massachusetts without a written disclosure that it was deemed a lemon.
  4. Civil Litigation: Consumers have the option to bypass the arbitration process and pursue a civil lawsuit against the manufacturer if they believe it’s in their best interest.
  5. Used Car Lemon Law: In Massachusetts, the Used Vehicle Warranty Law offers additional protection for consumers who purchase used vehicles. Under this law, dealers are required to provide a warranty that covers the cost of all labor and parts needed to repair any defect affecting the vehicle’s safety or use. The warranty period depends on the vehicle’s mileage at the time of purchase.

Avoiding Lemons: Tips for a Smart Vehicle Purchase in Massachusetts

To minimize the risk of buying a lemon, follow these helpful tips when shopping for a new or used vehicle in Massachusetts:

  1. Research the Vehicle: Investigate the make and model of the vehicle you’re interested in purchasing. Look for common issues or recalls associated with the specific model, and pay attention to consumer reviews and ratings.
  2. Inspect the Vehicle: Conduct a thorough inspection of the vehicle, both inside and out. Look for signs of damage, wear, or potential defects. If you’re not comfortable conducting the inspection yourself, consider hiring a professional mechanic to perform a pre-purchase inspection.
  3. Review the Vehicle’s History: Obtain a vehicle history report using the VIN to uncover any past accidents, repairs, or issues that could affect the vehicle’s performance or value.
  4. Test Drive the Vehicle: Take the vehicle for a test drive to assess its performance, handling, and overall condition. Pay attention to any unusual noises, vibrations, or warning lights.
  5. Ask for Service Records: Request service records from the seller to ensure the vehicle has been properly maintained and to verify any previous repairs or issues.
  6. Read the Warranty: Carefully review the warranty provided by the dealer or manufacturer to understand what is covered, the duration of coverage, and any limitations or exclusions.
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