NEW VEHICLE LEMON LAW - MASSACHUSETTS

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):

1. A repair is attempted 3 or more times for the same substantial defect, and the problem continues or recurs within the term of protection; (the three attempts must be for the same problem)

or

1. Repair attempts for any substantial defect or combination of defects total 15 or more business days, not necessarily all at one time. (the 15 day requirement does not require that the vehicle be out of service for the same issue each time)

Last Chance to Repair
 
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. 
 
Recovery
 
If your claim is valid and pursued properly, you may be entitled to the following:

1. Replacement vehicle or full refund
2. If entitled to a full refund you may recover incidental costs such as:
   • Sales tax
   • Registration fees
   • Finance charges
   • Costs of options added by dealer
   • Inspection fees

 

1. Your recovery will be subject to a minor reduction for the use of the vehicle while you had it.  This is calculated by multiplying the total contract price by (miles travelled prior to acceptance of return/100,000).