Massachusetts Lemon Law

Massachusetts has some of the strongest consumer protection laws in the country. Massachusetts General Law, Chapter 90, Section 7N1/2 is the state’s new and leased car Lemon Law. In addition, the Massachusetts Consumer Protection Act (Massachusetts General Law, chapter 93A), covers unfair or deceptive merchant practices. Under Massachusetts law, a violation of the Lemon Law by a dealer or a manufacturer is automatically an unfair or deceptive practice.

Mass Lemon Law for New and Leased Cars

Massachusetts Lemon Law covers new passenger vehicles, motorcycles, vans, and trucks that are purchased or leased in Massachusetts. The Mass Lemon Law for new cards also covers used cars that are sold by dealers within one year of the original purchase or 15,000 miles (whichever comes first). In order to be considered a “lemon” under Massachusetts Lemon Law, the vehicle must meet the following requirements:

• Does not conform to the manufacturer’s express warranty
• Has substantial defects affecting the use, safety, or value of the vehicle
• Has manufacturer’s defects that occurred during the first year from the original owner’s delivery date or the first 15,000 miles on the odometer (whichever period ends first)
• Has been taken in three times for the same problem or if it has been out of service for a cumulative total of 15 business days due to a series of unrelated problems; these repair attempts must be made within the first year of the original delivery date or the first 15,000 miles on the odometer
• After the dealer has tried to repair the vehicle three times, the manufacturer has been notified via certified mail and given a final opportunity (seven days after receiving the letter) to repair the vehicle
• Is driven for personal use

Vehicles that Mass Lemon Law Does Not Cover

Massachusetts Lemon Law does not cover recreational vehicles (motor homes), off-road vehicles, business vehicles, or vehicles with defects caused by negligence, unauthorized repairs, accidents, vandalism, and so forth.

Getting Lemon Justice — Relief Under Mass Lemon Law

Massachusetts Lemon Law for new vehicles provides several options for a successful Lemon Law claimant. Under Mass Lemon Law, you may be awarded a replacement vehicle of the same year, make, and model. However, if you prefer not to have a replacement vehicle, you can opt for a refund.

Under Massachusetts Lemon Law, you may qualify for a refund of all the money you paid for the car, which can 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 allowed by Massachusetts Lemon Law may be reduced by a use 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.

In order to increase your chances of prevailing in a Mass Lemon Law case, it’s best to consult with an attorney with experience in Massachusetts Lemon Law. You can be sure that auto manufacturers have teams of lawyers; having a Lemon Law attorney at your side will ensure that you’re on equal footing.