- Office of Consumer Affairs and Business Regulation
If you recently purchased a faulty car, the Massachusetts Lemon Law may apply to you. So, it’s important that you understand under what conditions the law applies and the steps and timeline you need to follow. “Know not only the dealership’s responsibilities should a defect arise within your warranty period, but also your own responsibilities,” says Andrew Perrino, Lemon Law Arbitration Program Coordinator at the Office of Consumer Affairs and Business Regulation. “Many times, consumers will request state-run arbitration for the Lemon Law after they have already missed a required step or deadline.” The Lemon Law applies if you have just purchased a new or used car, including leases.
Used Cars
For the used car Massachusetts Lemon Law to apply, your car must have:
Been sold to you in Massachusetts: If the car was sold to you by a dealer out of state, then you would need to try to qualify for that state’s Lemon Law. A dealer is defined as anyone who sells over three cars in a year, even if they don’t have a license.
Cost at least $700: If your car cost less than $700, then you can try to take your case to small claims court.
Under 125,000 miles at the time of sale: If there are more than 125,000 miles on the odometer at the time of sale the car is considered to be at too high of risk for age related defects to qualify for the Lemon Law.
Certain types of defects that pertain to the car’s use or safety: If the defect affects the car’s appearance only, then the car would not be covered under the Lemon Law. Additionally, if the car is covered by the manufacturer’s express warranty and the dealer ensures that the repairs have been attempted, then the car will not be covered. If the defects are caused by negligence, vandalism, repair attempts made by someone other than the dealer, accidents that happened after the sale, or if you have made a substantial change to the car, they cannot be covered by Lemon Law.
Used Car Warranty and Terms of Protection
“Make sure you are given a written disclosure and know your mileage, so you understand the timeline of your warranty,” urges Perrino. The warranty should protect against any defects that impair the use or safety of the vehicle. Additionally, it should be signed, dated and given to you upon purchase.
| Mileage at the time of sale | Term of protection (days) | Term of protection (miles driven after purchase) |
|---|---|---|
| Under 40,000 miles | 90 days | 3,750 miles |
| 40,000 - 79,999 miles | 60 days | 2,500 miles |
| 80,000 – 124,999 miles | 30 days | 1,250 miles |
| More than 125,000 miles | Does not apply | Does not apply |
Important Steps:
“You must give the dealership the opportunity to repair certain issues that arise during the warranty period,” reminds Perrino. Here are some guidelines:
- Notify the dealership of the issue as soon as possible. They must accept the request within 3 business days.
- The dealer then has 11 business days or three repair attempts to fix the defect.
“If the dealership fails to repair the issue after three attempts or the vehicle was out of service for more than eleven business days for any combination of defects, you have a right to demand that the dealership replace the car or refund at purchase price,” says Perrino. The time out of service can be extended by a maximum of 21 days if the dealership needs to order a part.
If you believe the standards for a refund have been met, and the dealership refuses to follow through, then you can pursue Lemon Law arbitration through the Office of Consumer Affairs and Business Regulation.
New Cars
For the new car Massachusetts Lemon Law to apply, your car must be:
One of the covered vehicle types: The new car Lemon Law vehicle may be a car, motorcycle, van, or truck as long as it is being used for personal or family use, not for business purposes.
Sold to you in Massachusetts: If the car was sold to you by a dealer out of state, then you would need to try to qualify for that state’s Lemon Law. Additionally, the dealer must be licensed.
Defective in safety, use, or market value: Defects that only affect the vehicles appearance may not be covered under Lemon Law.
New Car Warranty and Terms of Protection
“The warranty will typically cover anything that is covered by the manufacturer’s warranty,” explains Perrino. The terms of protection for a vehicle under the new car Lemon Law is one year or 15,000 miles (whichever comes first) from the date of delivery.
Important Steps:
- The dealership has three repair attempts per defect within the term of protection. If after the 3 repair attempts for the same defect, or the vehicle is out of service for more the 15 business days, you must then contact the manufacturer giving them 7 days to remedy the situation either by means of repair, replacement, or repurchase the vehicle.
- Make sure to keep records of all contact with the dealership and manufacturer and receipts for repair attempts.
- If you qualify for a refund or replacement from the manufacturer and they refuse to follow through, then you can pursue Lemon Law arbitration through the Office of Consumer Affairs and Business Regulation.
If You Do Not Qualify for Lemon Law
“If the situation does not fall under the Lemon Law specifically, you may consider private mediation or arbitration services,” says Perrino. These services include a manufacturer sponsored arbitration or contacting the Attorney General’s Consumer Advocacy and Response Division (CARD). “Remember, even if you don’t qualify for Lemon Law, you may still qualify with the manufacturer,” adds Perrino. Cars sold with relatively low miles may still be under the manufacturer’s warranty so be sure to ask the dealership for the manufacturer backed warranty for your vehicle. If your vehicle is still under the manufacturer’s warranty, then follow up with the manufacturer rather than the dealership.
We’re Here to Help
The Office of Consumer Affairs and Business Regulation (OCABR) helps protect and empower consumers through advocacy and education. If you have questions about Lemon Law or other concerns, call our Consumer Hotline at 617-973-8787, Monday through Friday, 9:00 AM to 4:30 PM. Live language translation is available.
