Massachusetts Lemon Law Guide: Your Rights Under Massachusetts Lemon Law

What Is the Massachusetts Lemon Law?

Massachusetts is unique in that it operates two parallel Lemon Law statutes to protect consumers: one for new vehicles and a completely separate framework for used vehicles. The New Car Lemon Law is codified at M.G.L. c. 90 § 7N1/2, while the Used Vehicle Warranty Law is codified at M.G.L. c. 90 § 7N1/4. Together, these laws provide robust protections for consumers who purchase or lease vehicles that turn out to have serious defects.

The Massachusetts Lemon Law is designed to protect buyers against purchasing new or used motor vehicles that have substantial defects and are unsafe to be driven or whose use or market value is substantially impaired. The laws require manufacturers or dealers to repair the defects, and if they cannot do so after a reasonable number of attempts, they must replace the vehicle or refund the purchase price.

The Office of Consumer Affairs and Business Regulation (OCABR) administers the state arbitration program for both laws. The Massachusetts Attorney General's Office also plays a role in consumer protection and can be reached through their Consumer Hotline.

Which Vehicles Qualify Under Massachusetts Lemon Law?

New Vehicle Coverage

Under the New Car Lemon Law (M.G.L. c. 90 § 7N1/2), a new motor vehicle is covered if it is sold, leased, or replaced by a dealer or manufacturer in Massachusetts. The term of protection is one year or 15,000 miles of use from the date of original delivery, whichever comes first. This applies to passenger vehicles, motorcycles, and certain commercial vehicles.

Used Vehicle Coverage

The Used Vehicle Warranty Law (M.G.L. c. 90 § 7N1/4) requires dealers to provide written warranties on used vehicles. This law applies to used vehicles purchased from a Massachusetts-licensed dealer. The warranty period is scaled based on the vehicle's mileage at the time of sale:

• Under 40,000 miles: 90 days or 3,750 miles, whichever comes first
• 40,000 to 79,999 miles: 60 days or 2,500 miles, whichever comes first
• 80,000 to 124,999 miles: 30 days or 1,250 miles, whichever comes first

Vehicles with 125,000 miles or more at the time of sale are not covered by the Used Vehicle Warranty Law. Private-party sales are also excluded from this specific statute, though other consumer protection laws may apply.

Leased Vehicle Coverage

Leased vehicles are covered under the New Car Lemon Law. If you lease a new vehicle and it turns out to be a lemon, you have the same rights to a repair, replacement, or refund as someone who purchased the vehicle. However, the Used Vehicle Warranty Law does not apply to leased used vehicles.

What Qualifies as a "Lemon" in Massachusetts?

To qualify as a lemon under Massachusetts law, the vehicle must have a defect that substantially impairs its use, safety, or market value. The manufacturer or dealer must be given a reasonable opportunity to repair the defect.

Number of Repair Attempts

For new vehicles, the law presumes a reasonable number of repair attempts has been made if the same defect has been subject to repair three or more times within the term of protection (one year or 15,000 miles), and the defect continues to exist. Before the third repair attempt, the consumer must send written notice to the manufacturer demanding a final repair attempt.

For used vehicles, the dealer must be given a reasonable opportunity to repair the defect during the warranty period. If the dealer fails to repair the defect after three attempts, or if the vehicle is out of service for a total of 11 business days during the warranty period, the consumer may be entitled to a refund.

Days Out of Service

For new vehicles, a vehicle is also considered a lemon if it is out of service for repair for a cumulative total of 15 or more business days during the term of protection. This is one of the shortest days-out-of-service thresholds among major Lemon Law states.

Substantial Impairment Standard

The defect must substantially impair the use, safety, or market value of the vehicle. Minor defects, such as a rattle or a cosmetic issue, typically do not qualify. The impairment must be significant enough to affect the vehicle's reliability or value.

The Massachusetts Lemon Law Claims Process

Required Steps

1. Manufacturer Notification: For new vehicles, you must send written notice to the manufacturer (not just the dealer) demanding a final repair attempt before the third repair attempt or after the vehicle has been out of service for 15 business days.
2. Repair Attempts: Allow the manufacturer or dealer the required number of repair attempts or days out of service.
3. Documentation: Keep meticulous records of all repair attempts, including repair orders, dates, mileage, and correspondence with the manufacturer or dealer.

Arbitration Requirements

Massachusetts offers a state-run arbitration program administered by the OCABR. This program is free for consumers and provides a fast, binding resolution. Hearings are typically held within 45 days of filing. Consumers can also choose to pursue a claim in Massachusetts Superior Court, which allows for broader discovery but may take longer.

Timeline Expectations

The state arbitration program is designed to be swift, with decisions usually rendered within a few months. Court cases can take significantly longer, often a year or more, depending on the complexity of the case and the court's schedule.

Remedies and Compensation Under Massachusetts Law

If your vehicle is determined to be a lemon, you are entitled to either a replacement vehicle or a refund.

Vehicle Replacement

The manufacturer may offer a comparable replacement vehicle. A new term of protection starts from the date of delivery of the replacement car. The manufacturer must reimburse you for transfer of registration fees, sales tax resulting from the replacement, and towing or rental charges resulting from the defect. The manufacturer cannot force you to accept a replacement car that is more expensive than the one you are replacing and pay the difference.

Repurchase and Refund

If you choose a refund for a purchased new vehicle, you will receive the full contract price of the car, including all credits and allowances for any trade-in vehicle. A reasonable allowance for use will be deducted based on the formula: (Contract Price / 100,000) x Mileage.

The manufacturer must also reimburse you for:

• Sales tax
• Registration fees
• Finance charges
• Dealer-added options
• Towing or rental charges resulting from the defect
• Unused portion of an extended warranty
• Unused portion of credit insurance
• Defect-related incidental costs

For leased vehicles, the refund includes the total lease payments made, minus a reasonable allowance for use.

Attorney's Fees and Civil Penalties

Both the New Car Lemon Law and the Used Vehicle Warranty Law allow for attorney-fee shifting, meaning the manufacturer or dealer may be required to pay your attorney's fees if you prevail. Additionally, the Massachusetts Consumer Protection Act (M.G.L. c. 93A) allows for treble (triple) damages and attorney's fees for knowing or willful violations.

When to Hire a Massachusetts Lemon Law Attorney

While the state arbitration program is designed to be accessible to consumers without legal representation, hiring a Massachusetts Lemon Law attorney can be highly beneficial, especially in complex cases or when facing manufacturer resistance.

Complexity of Claims

Lemon Law cases can involve complex legal and technical issues. An attorney can help you navigate the procedural requirements, such as the Chapter 93A demand letter, and ensure your claim is properly documented and presented.

Manufacturer Resistance Patterns

Manufacturers often have teams of lawyers defending against Lemon Law claims. An experienced attorney can level the playing field and counter common defense tactics, such as claiming the defect does not substantially impair the vehicle or that the consumer caused the defect.

Fee Structure

Most Lemon Law attorneys work on a contingency fee basis, meaning they only get paid if you win your case. Furthermore, Massachusetts law includes fee-shifting provisions, so the manufacturer or dealer may be responsible for paying your attorney's fees, minimizing your out-of-pocket costs.

Frequently Asked Questions About Massachusetts Lemon Law

Does the Massachusetts Lemon Law apply to used cars?

Yes, Massachusetts has a specific Used Vehicle Warranty Law (M.G.L. c. 90 § 7N1/4) that requires dealers to provide written warranties on used vehicles sold with fewer than 125,000 miles. The warranty period depends on the vehicle's mileage at the time of sale.

How many repair attempts are required before a car is considered a lemon in Massachusetts?

For new vehicles, the law presumes a reasonable number of repair attempts has been made if the same defect has been subject to repair three or more times within the first year or 15,000 miles. For used vehicles, the dealer must be given three attempts to repair the defect during the warranty period.

What is the Chapter 93A demand letter?

The Massachusetts Consumer Protection Act (M.G.L. c. 93A) requires consumers to send a 30-day demand letter to the merchant before filing a 93A claim. This letter must describe the unfair practice and demand reasonable relief. It is a crucial procedural step for pursuing treble damages.

Can I get a refund for my leased vehicle under the Lemon Law?

Yes, leased vehicles are covered under the New Car Lemon Law. If your leased vehicle is a lemon, you are entitled to a refund of the total lease payments made, minus a reasonable allowance for use.

Do I need to go to court to resolve my Lemon Law claim?

No, Massachusetts offers a free, state-run arbitration program administered by the Office of Consumer Affairs and Business Regulation (OCABR). This program provides a faster alternative to court, though you still have the option to file a lawsuit if you prefer.