Before you can become eligible for reimbursement under the Lemon Law, you’ll need to take the following steps.
The law defines a reasonable number of repairs as 3 times for the same defect, or 15 business days for any combination of defects. These repair attempts must be done by the selling dealer, or a dealer that the manufacturer authorizes.
Stage 1) Repair attempts
You must allow the selling dealer, a dealer that the manufacturer authorizes, or the manufacturer a reasonable number of attempts to repair the defect. The law defines a reasonable number of repairs as 3 times for the same defect. If the problem is still present after 3 or more repair attempts within 1 year or 15,000 miles of the original date of delivery of the car — whichever comes first — then you can move onto Step 2.
Please note: If your car is out of service during repair attempts for 15 or more business days, that also meets the requirement, even if there aren’t 3 separate repair attempts. Under this law, a business day is any day the service department of an authorized dealer is open for business.
During the repair process, make sure that you:
- Keep complete and accurate records of all contact with the manufacturer and dealer.
- Keep all receipts.
PS: You have a right to a dated, itemized bill for any repair work, including warranty repair work, under statewide Motor Vehicle Regulations (940 CMR 5.05).
Step 2) Final repair attempt
As long as you met the criteria in Step 1 within the first year/15,000 miles, you have up to 18 months from the date you first took possession of the vehicle to take the remaining steps. If the substantial defect continues after the dealer or manufacturer has made the initial repair attempts, you must give the manufacturer one final repair opportunity, not to exceed 7 business days, to fix the defect. The 7 business day period begins when the manufacturer knows or should know that the repair requirements have been met or exceeded. It is recommended that you notify the manufacturer by mail, return receipt requested, by regular mail and by email to the manufacturer’s regional office. Keep copies of all documents.
Step 3) Requesting a refund
At the end of the 7 business days, if the substantial defect has not been fixed you have the right to request a refund. Alternatively, the manufacturer may offer to replace the vehicle instead of refunding your money, but they cannot force you to accept a replacement instead of a refund.
Step 4) Final actions
If you have taken the first three steps and the manufacturer refuses to refund your money or offer an acceptable replacement, you may apply for arbitration as long as your application is received by the Office of Consumer Affairs and Business Regulation within 18 months from the date you first took possession of the vehicle.