The Lemon Law in Massachusetts is more favorable to consumers than similar statutes in other states, but there is a catch that’s often overlooked. The Mass law provides that a vehicle is a lemon if the same problem is repaired 3 or more times or if it sits in the shop for 15 business days or more in the first 15,000 miles or 1 year since purchase.  Here’s the formula:

MA Lemon =  3 repairs/15 business days in repair in the shorter of 1 yr/15,000 miles + notice + final repair

But here’s the catch. The law requires the consumer to give the manufacturer one last shot at fixing the car once it hits the 3 repairs/15 days out requirement. The notice must be sent by certified mail, return receipt requested.   It must describe the problem and demand relief. Frequently, the notice will also state that the consumer demands relief under MGL 93A, which provides for treble damages and attorney’s fee.  The manufacturer than has 7 business days from its receipt of the notice to make the car right - this is called the MA Lemon Law Final Repair Attempt.  If the car still malfunctions after the last repair opportunity, it’s a lemon.

Here’s the rub, though, and this often comes up in cases. If you fail to send the notice, or if you send it incorrectly, or if you take your car in for repair before the manufacturer receives the notice, your MA lemon law case doesn’t accrue. In other words, to count as a MA Lemon Law Final Repair, the manufacturer must receive the notice before your visit to the dealer. Otherwise, the clock will start ticking once again, and the repair will not count a final repair.