Apply for Customized Wheelchair Arbitration

The Massachusetts Customized Wheelchair Lemon Laws, outlines the rights and responsibilities of consumers who purchase or lease a customized wheelchair. The wheelchair Lemon Law provides consumers with a one-year warranty that begins the day they take delivery of the wheelchair.

A notice to consumers indicating the right to a refund or replacement wheelchair must be displayed wherever the customized wheelchairs are sold, offered for sale, or on display. 

The Customized Wheelchair Arbitration program provides consumers who have paid some or all of the costs themselves for their purchase or lease of a new, but defective, customized wheelchair with the ability to settle disputes with the manufacturer.

Determining Your Eligibility

Important Note
Keep good records, including those documents detailing repair attempts, dates and details of repairs, and the purchase price and other expenses.

Use the questions below to help determine if you may be eligible for arbitration:

• Is your customized wheelchair's use, value, or safety substantially impacted by a defect? 
  • The wheelchair must have at least one substantial defect that has been subject to repair four or more times or has been out of service for reasons of repair for at least 30 days, during the first year of ownership.
  • You did not cause the defect or problem.
• Did you purchase or lease the wheelchair in Massachusetts? 
  • The wheelchair must have been purchased or leased in Massachusetts. 
  • If you purchased the wheelchair online, contact the Attorney General’s office at [phone].
• Did you pay for some or all of the costs of the wheelchair yourself?
  • You must have paid some or all the costs.  
  • If the wheelchair was paid for by public or private insurance, contact your insurance provider directly.
• Was the wheelchair new or used?
  • Used wheelchairs are not eligible for arbitration.
  • Consumers with used customized wheelchairs should contact the individual or business where you purchased the wheelchair.

Completing Your Arbitration Application

Your application for arbitration must be received by the Office of Consumer Affairs and Business Regulation (OCABR) within 18 months of when you purchased the wheelchair. 

• Parents or guardians who purchase or lease a customized wheelchair on behalf of a minor may apply
• Applicants should explain how the defect effects one or more of the following:
  • Use
  • Value
  • Safety
• If you believe prior owner negligence, an accident, vandalism, or a poor third-party repair attempt caused the problem, explain that in the application
  • If so, the manufacturer or other party could be liable for the malfunctions of your wheelchair
• After reviewing your application and determining eligibility, you will receive a letter with one the following decisions:
  • Accepted: your application will be processed, and you will be assigned an arbitrator and hearing date
  • Denied: your application will not be processed due to the reasons outlined in the letter.