What Is the Massachusetts Lemon Law for Used Cars
The Massachusetts Lemon Law covers new and used vehicles with substantial defect(s) impairing safety or the ability to drive, among other conditions. Vehicles that have not been repaired after a reasonable number of attempts may qualify for relief.
What is the Massachusetts Lemon Law?
The Lemon Law, also called the Used Vehicle Warranty Law, provides assistance for vehicles that are declared "lemons." According to the Massachusetts Office of Consumer Affairs and Business Regulation (OCABR), a vehicle may have a substantial defect that impairs driver safety, impairs the drivability of a car, or impacts its market value. If this defect has not been repaired after a reasonable number of attempts, the car is deemed a lemon and is covered by the Lemon Law.
Benefits under the Lemon Law include vehicle repurchase or vehicle replacement. The exact amount of refund or reimbursement will depend on a variety of factors such as miles traveled, vehicle contract price, total amount of lease, and more.
According to the Better Business Bureau, Lemon Law beneficiaries are eligible for vehicle purchasers or lessees, people to whom the vehicle has been transferred under warranty, and others who are entitled to the terms of the warranty.
What Does the Massachusetts Lemon Law Cover?
The Massachusetts Lemon Law covers both new and used cars. New cars, motorcycles, vans, and trucks purchased a licensed dealer are eligible if they have at least one significant defect discovered and have repairs attempted within one year or 15,000 miles of purchase. Used vehicles are covered by the Lemon Law if they were sold by a Massachusetts dealer or private party, cost at least $700 (for dealer sales), and had fewer than 125,000 miles when purchased (for dealer sales).
Although the law covers a variety of vehicles, the Lemon Law does not cover the purchase of certain used vehicles, including motorcycles, mopeds, dirt bikes, leased vehicles, auto homes, off-road vehicles, or any vehicles (new or used) used for businesses purposes.
If a vehicle is covered by the Lemon Law and has a nonconformity that has not been resolved after a reasonable number of attempts, consumers may be eligible for Lemon Law benefits.
The Lemon Law defines a "reasonable number of attempts" as at least three attempts by the manufacturer, its agent, or an authorized dealer to repair the nonconformity with no success. If a vehicle is out of service for at least 15 cumulative business days, this also counts as a reasonable attempt to fix the issue.
After a consumer has made a reasonable number of attempts to fix the problem, manufacturers have a final attempt to fix the issue. This final opportunity cannot take more than seven business days. The period begins on the day that the manufacturer is informed that it has met the reasonable number of attempts requirements.
After this, consumers are eligible to file a claim for the remedies offered by the Lemon Law, or request arbitration by Massachusetts Office of Consumer Affairs and Business Regulation New Car Arbitration Program to resolve their request. Claims must be submitted within 18 months from the vehicle's original delivery to the customer.
Does The Massachusetts Lemon Law Cover Failed Inspections?
In addition to covering used and new cars which have serious defects, the Massachusetts lemon law covers vehicles which fail inspections with 7 days of sales.
If a vehicle fails an inspection within a week of purchasing, a vehicle owner can void or cancel their motor vehicle sale. Inspections must be done by licensed Massachusetts inspection stations.
In order to benefit from this statute, vehicle's must need repairs or have safety related defects which exceed 10% of the vehicle's purchase price. For example, if a vehicle costs $20,000 and an initial inspection reveals that the car needs a replacement transmission costing $2,200, the vehicle owner would be able to return the vehicle under the lemon law.
There are several steps consumers must take to benefit from this inspection refund. First, they must receive a written statement from the inspection station detailing why their vehicle failed to pass the inspection tests. Second, the inspection station needs to provide a cost estimate detailing the repairs required on the vehicle.
After consumers get the documentation from the inspection stations, they must inform the vehicle seller that they wish to void their vehicle purchase contrast under Massachusetts lemon law. This notification should be sent by certified mail, return requested, regular main, and by email and should contain copies of the documentation from inspection stations.
Following these steps, consumers can return the "lemon" vehicle to the seller. Even if the seller refuses to take the car back, consumers should get a notarized statement indicating that they returned the vehicle.
Does the Lemon Law Cover Private Party Purchases?
Yes. If you buy a used car from a private party, the seller must tell you of any and all known defects with the car that may affect safety or impair your use of the car.
If you take the vehicle home and find it's defective and can prove the seller knew but didn't tell you of the particular problem, you can legally cancel the sale within 30 days of the purchase date.
If you do return the defective vehicle to the seller for a refund, the seller must refund your money, but is allowed to deduct 15 cents for every mile you've put on the car since purchasing it.
According to the Massachusetts lemon law, a private party seller is not required to make repairs to any vehicle that has already been sold. This is different than the law for car dealerships, which are required to repair defects that affect the use of the vehicle or the safety of its occupants.
How Are the Days Counted During the Warranty Period?
If your vehicle is at the dealership for repairs or by a dealership's invalid refusal to complete repairs for a minimum of 11 business days during the warranty period, you could be eligible for a refund. The state of Massachusetts defines a business day as Monday through Friday with the exception of state or federal holidays. Even a part of a single business day that you are without your vehicle counts as one whole day for warranty counting purposes.
Join a Free Lemon Law Defective Vehicle Investigation
If you have a defective vehicle that is under warranty and is still not fixed after multiple attempts, you may qualify for help under your state's Lemon Law.
(Note: Residents of North Carolina do not qualify for this investigation.)
Learn more by filling out the form on this page for a free case evaluation by experienced Lemon Law attorneys or call (877) 289-0615.
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What Is the Massachusetts Lemon Law for Used Cars
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