The Lemon Law in Massachusetts

The new car lemon law covers motor vehicles sold or leased by a dealer or manufacturer; auto homes, off-road vehicles and vehicles used primarily for business are excluded. The protection period is one year or 15,000 miles from original delivery, whichever comes first. A reasonable number of repair attempts is presumed if the same defect was repaired three or more times and continues, or the vehicle was out of service for a total of 15 or more business days during that period; the manufacturer then gets one final repair chance of up to seven business days. If the defect is not fixed, the manufacturer must either replace the vehicle or refund the full contract price (including trade-in credit and incidental costs) minus an allowance for use; the consumer may refuse a replacement and choose a refund. A consumer can request state-certified arbitration within 18 months of original delivery.

1) Notice: no manufacturer, agent or dealer may require the consumer to give notice directly to the manufacturer before using state-certified new car arbitration. 2) Final repair attempt: once the repair limits are met (three or more repairs of the same defect, or 15 or more business days out of service, during the term of protection), the manufacturer gets one additional opportunity, of no more than seven business days, to fix the defect; it starts on the day the manufacturer first knows or should have known the limits were reached. 3) Arbitration: the Office of Consumer Affairs and Business Regulation runs state-certified new car arbitration through a professional arbitrator or arbitration firm appointed by its director. All manufacturers must take part if the consumer requests arbitration within 18 months after the vehicle was originally delivered. A written finding is due within 45 days after the director receives the request. If the vehicle qualifies, the manufacturer must deliver the refund or replacement within 21 days or appeal to superior court within 21 days, posting a bond. A consumer dissatisfied with the finding may file a claim under the state consumer protection law (Chapter 93A). 4) Deadline: the only filing deadline stated in the section is the 18-month window for requiring the manufacturer to arbitrate.

Dealers may not sell a used car unless it comes with a written warranty covering defects that impair safety or use. The warranty lasts 90 days or 3,750 miles if the car has under 40,000 miles; 60 days or 2,500 miles for 40,000 to under 80,000 miles; and 30 days or 1,250 miles for 80,000 to under 125,000 miles (whichever comes first). The consumer may be charged no more than $100 per covered defect. If the dealer cannot fix the same defect in three attempts, or the car is out of service more than 10 business days for that defect, the dealer must accept return of the car and refund the purchase price minus 15 cents per mile driven. The law does not apply to used cars sold by a dealer for less than $700, and it excludes auto homes, off-road vehicles, motorcycles and vehicles used primarily for business. The law states it does not limit implied warranties, and the buyer must receive written notice of the warranties, including the implied warranty of merchantability.