Massachusetts Lemon Law Info – MA Lemon Law Attorneys

Massachusetts Lemon Law – Step-by-Step Guide

Our firm has represented consumers in Massachusetts lemon law cases for almost 20 years. So here’s a guide for what to do (and not do) if you bought a lemon car in Massachusetts.

Step 1: Determine whether Massachusetts ‘New Car’ Lemon Law covers your car

1. Is your Car New or Used? Massachusetts ‘New Car’ Lemon Law applies to new passenger vehicles, SUVs, vans, trucks or motorcycles that are purchased or leased in Massachusetts. Massachusetts Lemon Law also covers if you bought your vehicle used as long as repairs for the defects took place within one years or 15,000 miles of the original purchase (whichever comes first).
2. Did the defects occur during the ‘Lemon Law Period?’ Massachusetts Lemon Law for new cars is generally time-limited. It applies during the one year or 15,000 miles of the original delivery (whichever comes first).
3. Is the problem covered? Massachusetts Lemon Law covers any specific or generic defect or malfunction, or any concurrent combination of defects or malfunctions, that substantially impairs the use, market value or safety of the motor vehicle.  As such, the problem does not  necessarily need to be covered under the manufacturer’s warranty to qualify. However, aftermarket parts/installations typically aren’t covered.
4. Is the car problem substantial? Does it affect your use, safety, or value of the car to you.  Noises, squeaks, rattles etc. are typically not covered.
5. Do you have enough repairs? Massachusetts Lemon Law presumes a car to be a lemon if during the first year or 15,000 miles the same problem was
   • Repaired at least three times for same defect, following which you provided manufacturer with a written notice of an opportunity to repair, and same defect still persists after it undertook an opportunity to repair, or
   • The vehicle is out of service for at least 15 or more business days due to same or different repairs, following which you provided manufacturer with a written notice of an opportunity to repair, and same defect still persists after it undertook an opportunity to repair.

Note that manufacturer’s final opportunity to repair may not exceed seven business days, and begins on the day the manufacturer first knows or should have known that a reasonable number of repair attempts has occurred.

6. Does the car use qualify it for Massachusetts Lemon Law? In order to qualify, the car must be used primarily for personal, family or household purposes. 

The exact text of the law is available by clicking here. If you meet these criteria, keep reading!

And here’s a video guide if you prefer:

Step 2: Determine What Relief You Can Get Under Massachusetts Lemon Law

Massachusetts Lemon Law provides several options for a successful consumer.

1. You may be awarded vehicle repurchase and refund of the moneys you paid, or
2. You may be awarded a replacement with an identical or comparable vehicle (this option is only available if your car was leased).

Refund or replacement awards may also include:

• The full contract price
• Sales tax
• Registration fees
• Finance charges paid on your loan
• Cost of dealer-installed options
• Towing and vehicle rental costs
• Non-dealer added options
• Incidental costs
• Attorney’s fees

The amount of the monetary reward may be reduced by a deduction for the total mileage on the vehicle. This amount is calculated by dividing the total contract price by 100,000 and multiplying that amount by the mileage driven since delivery. For motorcycles, the use allowance is calculated by dividing the contract price by 25,000. The award may also be reduced by the total amount of dealer allowances and rebates or settlements. The law does not allow for mileage deduction of vehicle is replaced.

Step 3: Hire a Lawyer – No Cost to You

In a perfect world, you would not need a lawyer in a lemon law case.  Except one thing: every vehicle manufacturer will be represented by a law firm or a trained professional specializing in lemon law.  Corporations can’t represent themselves, so they oftentimes will have one or two lawyers for every case, plus an expert mechanic. So we think you always hire a lawyer for a lemon law case. Always.

Under the Massachusetts Lemon Law (Ch.90, Sec. 7N½(7) and Ch. 93A, Sec. 9), when you prevail, the manufacturer may be required to pay your lemon fees. So our firm and others like it take these cases on contingency – at NO COST TO YOU.

Like anything else, lawyers who do this kind of work know the laws and regulations. Most cases get resolved without the need for filing either arbitrations or litigations.  We ensure that all paperwork and legal filings meet the requirements and prevent any procedural errors or documentary errors that could weaken a case.

More often than not, the manufacturer will settle; if not, though, we recommend a lawsuit or arbitration.

Step 4:  Choose Your Forum

There are 3 ways to get what you want in a lemon law case.

1. Negotiation. Most lemon law situations are resolved pre-suit between lawyers working for consumers or sometimes the consumers themselves and the manufacturers. This is by far the quickest, most efficient and least expensive way to proceed.
2. Arbitration. Massachusetts Department of Consumer Protection runs a Lemon Law Arbitration program. We’ve represented consumers in arbitrations through the program, but the arbitration program does not provide for payment of attorney’s fees to a consumer, even if consumer prevails at arbitration on the lemon law claim.
3. Lawsuits. We have filed numerous lawsuits in Massachusetts District and Superior Courts representing consumers in lemon law cases.  Lawsuits can drag out for years, so for consumers with qualifying lemon law cases, our standard suggestion is to follow negotiation and leave litigation as an option of last resort.

Does the Massachusetts Lemon Law apply to used cars?

Typically a vehicle that is purchased used may still qualify as a lemon if it was purchased and the problems occurred while the vehicle was still under the manufacturers new car warranty or possibly covered by a certified pre-owned warranty or extended warranty. Finally it should be noted that a used vehicle that is purchased as is and without a warranty cannot qualify as a lemon under the MA Lemon Law.

Pursuing a MA Lemon Law Claim

Under Massachusetts lemon law there are three ways to gain relief: go to court, go to mediation, or go to arbitration.

Mediation requires both your consent and that of the manufacturer and/or dealer. Consumer Affairs offers a mediation program for lemon law disputes, or you can use an independent mediator.

Under the provisions of the Massachusetts Consumer Protection Act, your lemon law case begins with a demand letter to the manufacturer and/or dealer. Here’s a sample demand letter that you can adapt for your use.

The manufacturer’s time to make the final repair begins when the manufacturer receives this letter or when the manufacturer knows, or should have known, that your car has been subject to repair three times or has been out of service for 15 business days.

If the manufacturer fails to make the repair attempt within seven business days of its receipt of the letter, your vehicle is deemed a “lemon” under the law. Moreover, if the manufacturer fails to make a reasonable offer to settle within 30 calendar days, you may be able to get double or triple damages from the court. If the court finds that the manufacturer’s or dealer’s violation of the Consumer Protection Act was “willful or knowing,” or that their refusal to settle to you was made in bad faith, you may receive between two and three times the amount of your actual damages.

Do I have rights if my vehicle has gone past the Lemon Law period?

Absolutely. Even if your vehicle has gone past 1 years or 15,000 miles , there are still Federal and State warranty laws that protect you. In addition, the Massachusetts Consumer Protection Act (Massachusetts General Law, chapter 93A), covers unfair or deceptive merchant practices.

Massachusetts Lemon Law FAQs

Are Leased Vehicles Covered Under Massachusetts Lemon Law?

Yes! Massachusetts Lemon Law, Chapter 90, Section 7N1/2, covers leased vehicles. If you leased a Lemon, you may still be entitled to compensation by the manufacturer.

Does the Lemon Law in Massachusetts Apply to Private Sales?

Yes! Massachusetts Used Car Lemon Law requires private sellers of used vehicles to inform the buyer about all known defects that affect the vehicle’s safety or substantially impair its use. If they did not disclose, the buyer is entitled to cancellation of the sale and a refund (minus 15 cents per mile of use) within 30 days of the purchase.

Does Massachusetts Lemon Law Cover Appliances? 

Massachusetts Lemon Law only applies to vehicles; it does not specifically cover appliances. However, the federal Magnuson-Moss Warranty Act, also known as the “federal lemon law,” can still protect those who have purchased Lemon appliances in Massachusetts.

Why won’t the dealer or carmaker just refund my money or provide a replacement vehicle if they know Lemon Law exists?

While it would be nice for dealers and manufacturers to recognize their fault and compensate the buyer fairly on their own, they usually try to avoid refunding and replacing Lemons without legal intervention. Since it costs them money to deal with Lemons, they often use delay tactics and alternative “resolution mechanisms” to avoid having to fix the problem until the Lemon Law period expires. These tricks are why lawmakers passed Lemon Laws in the first place!

Your Lemon Law Legal Rights

Think you have a lemon? Sit back and let the experts work out your lemon case at no cost to you. The law makes car manufacturers pay legal fees. You may be able to get your lemon out of your life. Every year, auto manufacturers buy back, replace or pay cash settlements to thousands of ‘lemon’ owners like you.