The Massachusetts Lemon Law was written to protect owners who have purchased new or leased cars that exhibit serious defects. A “lemon” is defined as a new or leased motor vehicle that has a defect which substantially affects the use, market value, or safety and which has not been repaired after a reasonable number of attempts. Owners of qualifying vehicles may be eligible to obtain a replacement vehicle or a refund, subject to adjustment for miles driven.

Covered vehicles include new cars, motorcycles, vans or trucks purchased in Massachusetts with fewer than 15,000 miles or less than one year’s use. It also covers vehicles resold during this period, as well as new vehicles leased after July 1, 1997. Used cars that are no longer under warranty are not covered. In addition, motor homes, vehicles designed for off road use and vehicles purchased for business use are not covered under the statute. Also excluded are vehicles which have a defect resulting from abuse, neglect, vandalism or unauthorized modification.

Vehicles which are not covered include off-road vehicles, vehicles used for business, or vehicles subjected to abuse, neglect, vandalism or accident by their owners.

The law defines a “reasonable number of attempts” as three. A vehicle also qualifies if it has been out of service for a total period of 15 business days for repair of the same problem. This is fairly generous; most states require at least thirty days.

Once a vehicle has had repairs attempted three times, the owner must offer the manufacturer one final opportunity to repair the vehicle. This must be offered in writing, and the offer should be sent by certified mail. The manufacturer then has seven days in which to effect the repair. If this does not happen, the owner is then eligible for replacement or refund under the Lemon Law.

Should the owner qualify for a refund, this refund must include taxes, registration fees, and towing fees related to the repair in question.

As with most such laws, refunds are subject to adjustment for miles driven. The use allowance depends upon the vehicle’s purchase price and mileage. For vehicles other than motorcycles, use this formula:

contract price / 100,000 x mileage (contract price divided by 100,000 multiplied by mileage)

For motorcycles the formula is:

contract price / 25,000 x mileage (contract price divided by 25,000 multiplied by mileage)

In addition, refunds must compensate the owner for the following:

• sales tax;
• registration fees;
• finance charges;
• dealer-added options;
• unreimbursed towing or rental charges resulting from the defect;
• unreimbursed, unused portion of an extended warranty;
• unreimbursed, unused portion of credit insurance;
• defect-related incidental costs.

Mediation and arbitration is also available, although arbitration is at the discretion of the owner of the vehicle. It is not, as in most states, mandatory as a prerequisite for lemon law relief. For details, or to file a complaint, contact the Office of the Attorney General at 617-727-8400 Used vehicles may also qualify.

If you are experiencing trouble with your car, truck or minivan, you may discover that you need an attorney. LegalMatch can help locate an experienced attorney local to you. Confidentiality is secure, all attorneys are licensed, and the service costs you nothing.

You may follow this link for the full text of the Massachusetts Lemon Law.