New Vehicle Lemon Law
New Vehicle Lemon Law (new and leased cars, motorcycles, vans, trucks) sold by new vehicle dealer.
Under Massachusetts law, G.L. c. 90 § 7N 1/2, purchased and leased vehicles may be eligible for replacement or refund from the manufacturer. Refund or replacement occurs when the manufacturer has failed to cure any non-conformity after a reasonable number of attempts on the earlier of the first year or 15,000 miles. It’s worth notice that vehicles purchased for “business purposes” are excluded from the protections of G.L. c. 90 § 7N 1/2, however, this does not mean that you are not entitled to recover as there are many well established channels for business vehicle recovery.
What is a “non-conformity”?
A non-conformity is a defect, malfunction, or any combination of those that “substantially impairs the use, market value, and/or safety of a motor vehicle.” G.L. c. 90 § 7N 1/2 . The non-conformity must impair the market value of the vehicle by at least 10% of the purchase price.
The Lemon Law gives the manufacturer, its agent or authorized dealer a "reasonable number of attempts" to repair the substantial defect. This standard is met if, within the term of protection (1 year or 15,000 miles):
If the dealer has failed to repair the vehicle and has satisfied the above requirements for pursuing legal action under a Lemon law claim, you must provide the dealer (and manufacturer) with notice of such fact and allow seven days for a final chance to repair.
If your claim is valid and pursued properly, you may be entitled to the following: