Massachusetts Lemon Law (MA)

Qualifying Criteria in Massachusetts

Under Massachusetts's lemon law, your vehicle may qualify as a lemon if it meets the following criteria:

• Vehicle type: New and certain used motor vehicles purchased or leased in Massachusetts
• Defect type: A nonconformity that substantially impairs the use, market value, or safety of the vehicle and is covered under the manufacturer's warranty
• Coverage period: The defect must occur within 1 year of delivery or 15,000 miles, whichever comes first
• Repair attempts: The manufacturer or authorized dealer must have attempted to repair the same defect at least 3 times, or the vehicle must have been out of service for a cumulative total of 30 or more days

Manufacturer Obligations

Must repair the defect. If unable, the consumer is entitled to a refund. Massachusetts has a strong state-run arbitration program.

Available Remedies

If your vehicle qualifies as a lemon under Massachusetts law, you are entitled to:

• Full refund minus reasonable use allowance (15 cents/mile)

The "reasonable use allowance" deduction is typically calculated based on the mileage you accumulated before the first repair attempt, proportional to the vehicle's expected lifetime mileage. This ensures the manufacturer is not paying for use you already received from the vehicle.

Step-by-Step Filing Process in Massachusetts

Follow these steps if you believe your vehicle qualifies as a lemon under Massachusetts law:

1. 1 Report the defect to the dealer or manufacturer and allow repair attempts
2. 2 If 3+ repair attempts for the same defect or 15+ business days out of service, send the manufacturer a written demand for refund by certified mail
3. 3 Allow 7 business days for a final repair attempt
4. 4 If unresolved, file with the Massachusetts Office of Consumer Affairs and Business Regulation for state-run arbitration
5. 5 If you reject the arbitration decision, file suit in court

Arbitration in Massachusetts

Consumer must use the state-run arbitration program administered by the Office of Consumer Affairs. The hearing is typically scheduled within 45 days of filing.

Important: In Massachusetts, arbitration is a required step before you can file a lawsuit. This means you must exhaust the arbitration process first. The arbitration decision may or may not be binding depending on the specific program. If you are not satisfied with the outcome, you typically have the right to appeal or file a civil action in court.

Filing Deadline

Within 1 year of delivery or 15,000 miles.

Missing the filing deadline can forfeit your rights under the lemon law. Keep detailed records of every repair visit, including dates, mileage, descriptions of the problem, and copies of all repair orders and receipts. This documentation will be critical for your claim.

Additional Notes

Massachusetts also has a used car lemon law (Mass. Gen. Laws ch. 90, § 7N¼) covering vehicles purchased from dealers. The used car warranty period depends on mileage: 90 days/3,750 miles for cars under 40,000 miles, down to 30 days/1,250 miles for cars with 75,000-125,000 miles. Massachusetts uses a flat 15 cents/mile for the use allowance deduction.