Massachusetts Lemon Law: Do You Qualify?

Massachusetts lemon law at a glance

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New vehicles: the term of protection is one year or fifteen thousand miles of use from the date of original delivery, whichever comes first (§ 7N½(1)). Used vehicles sold by a dealer: the warranty is set by the odometer at sale: 90 days or 3,750 miles under 40,000 miles; 60 days or 2,500 miles from 40,000 to 79,999; 30 days or 1,250 miles from 80,000 to 124,999 (§ 7N¼(2)(B)). If the true mileage is not known, the vehicle's age sets the tier. The Mass.gov guide lists a vehicle sold with 125,000 miles or more as outside the warranty.

Repair attempts

New vehicles: a reasonable number of attempts is "deemed" undertaken when the same nonconformity has been subject to repair three or more times within the term of protection and "continues to exist" or "has recurred" (§ 7N½(4)(a)). The manufacturer then has one additional opportunity to cure, not to exceed seven business days. Used vehicles: the dealer "fails to repair the same defect within three attempts" (§ 7N¼(3)(A)(ii)). Neither law has a separate one-attempt rule for safety, fire or explosion defects.

Days out of service

New vehicles: a cumulative total of fifteen or more business days during the term of protection (§ 7N½(4)(b)); a business day is a day the service departments of the manufacturer's authorized dealers are normally open. Used vehicles: more than a cumulative total of ten business days after the consumer has returned the vehicle to the dealer for repair (Monday to Friday except state or federal holidays); 201 CMR 11.16(1)(b) counts the days for "any defect or defects".

Written notice

New vehicles: no consumer is required to give the manufacturer direct notice before state-certified arbitration (§ 7N½(5)). The manufacturer's additional opportunity starts on the day it first knows or should have known the limits were met, even after the term has ended, and an arbitration request must state that the consumer gave it (201 CMR 11.02(2)(e)); the Mass.gov guide recommends a letter to the manufacturer's regional office. Used vehicles: present the vehicle to the dealer and tell it of the defect no later than five business days after the warranty period ends (§ 7N¼(3)(A)(i)). The periods are tolled until the dealer gives the written notice of the warranties (§ 7N¼(4)).

Used vehicles

A dealer must give an express written warranty covering the full cost of parts and labor for any defect that impairs the vehicle's safety or use, and may charge the consumer no more than $100 in total for a covered defect (§ 7N¼(2)(A)(i)). Defects that affect only appearance are not covered. Vehicles built for off-road use, auto homes, motorcycles and vehicles used primarily for business purposes are outside the law, as is a sale under $700 (the "total sale price" of 201 CMR 11.20) and the sale of a leased vehicle to its lessee, a family member or an employee, or by an employer to its employee (§ 7N¼(12)). Used-car arbitration is available if requested within six months of delivery to the consumer. A private seller who does not disclose known defects that impair safety or substantially impair use faces rescission within thirty days after the sale (§ 7N¼(8)). A separate law, c. 90 § 7N, lets a buyer void a sale if the vehicle fails the periodic inspection within seven days of the sale and the repairs exceed ten per cent of the purchase price, with notice and delivery to the seller within fourteen days.

What you can recover

New vehicles: the full contract price with trade-in credits and allowances, less any cash award accepted and a reasonable allowance for use (contract price x miles at return / 100,000; 25,000 for a motorcycle), or a replacement you may reject; plus sales tax, registration fee, finance charges, dealer-added options, and towing and reasonable rental costs (§ 7N½(3)). Used vehicles: the repurchase price (finance charges, registration fees, insurance, service contracts and trade-in value included) less fifteen cents for each mile between the sale and the repurchase (§ 7N¼(3)(A)(ii)). In arbitration, damage beyond reasonable wear and tear unrelated to the defect is deducted (201 CMR 11.14).

Defenses

New vehicles: the nonconformity does not substantially impair use, market value or safety; it results from owner negligence, accident damage, vandalism or a repair by someone other than the manufacturer or its dealer; or from an unauthorized modification (§ 7N½(3)). The Mass.gov guide and 201 CMR 11.11(9)(b) point to a market value at least 10 percent lower than it would otherwise have been as one factor. Used vehicles: the defect does not impair safety or use, results from owner negligence, abuse, accident, vandalism, another repairer or the consumer's modification, or is covered by the manufacturer's warranty on the conditions of § 7N¼(2)(A)(ii) (§ 7N¼(3)(B)).

State program

State-certified arbitration is available at the consumer's request: new vehicles within eighteen months from original delivery (§ 7N½(6)), used vehicles within six months from original delivery to the consumer (§ 7N¼(3)(A)(iii)). The finding is due within forty-five days of receipt of the request. A manufacturer or dealer found to owe a refund must deliver it within twenty-one days or appeal with a bond; a consumer dissatisfied with a finding may file a claim under c. 93A.

Massachusetts lemon law: frequently asked questions

Does Massachusetts have a used-car lemon law?

Yes: M.G.L. c. 90 § 7N¼. A dealer must warrant a used vehicle sold for $700 or more with fewer than 125,000 miles for 90 days or 3,750 miles down to 30 days or 1,250 miles, depending on the odometer at sale. You do not need to have bought from a licensed dealer: the statute deems a person engaged in the business of selling used vehicles if the person has sold more than three in the preceding twelve months. Within the warranty, three attempts on the same defect or more than ten business days out of service entitle the consumer to the repurchase price, less fifteen cents a mile, if the defect continued to exist or recurred.

What qualifies a new car as a lemon in Massachusetts?

A nonconformity (a defect or combination of defects that substantially impairs use, market value or safety) that has been subject to repair three or more times within the term of protection and continues to exist or has recurred, or a vehicle out of service for repair for fifteen or more cumulative business days during the term. The term is one year or fifteen thousand miles of use from original delivery, whichever comes first. The manufacturer then has one additional opportunity to cure, not to exceed seven business days, before it must accept return of the vehicle.

Am I protected if I bought from a private seller in Massachusetts?

To a limited extent. A private seller ("any person who is not a dealer") must clearly disclose known defects that impair the vehicle's safety or substantially impair its use; if it did not, the buyer may rescind the sale within thirty days after the sale and recover all monies paid less a reasonable amount for use (§ 7N¼(8)). There is no statutory repair warranty on a private sale. A seller who has sold more than three used vehicles in the preceding twelve months is deemed a dealer, so the checker asks about the seller.

What are the filing deadlines in Massachusetts?

A request for state-certified arbitration: new vehicles, within eighteen months from the date of original delivery (§ 7N½(6)); used vehicles, within six months from the date of original delivery to the consumer (§ 7N¼(3)(A)(iii)). A court action under the used-vehicle law must be commenced within two years of that delivery (§ 7N¼(13)). Section 7N½ states no court deadline of its own; c. 106 § 2-725 requires "an action for breach of any contract for sale" to be commenced within four years after the cause of action accrues, and a breach of warranty occurs when tender of delivery is made.

Can I get more than my money back under Chapter 93A?

Possibly. A failure to comply with either lemon law is an unfair or deceptive act under c. 93A (§ 7N½(7); § 7N¼(6)). Chapter 93A § 9(3) allows actual damages or $25, whichever is greater, or up to three but not less than two times that amount for a willful or knowing violation or a bad-faith refusal of relief, plus attorney's fees and costs. A written demand for relief must be mailed or delivered at least thirty days before a c. 93A action is filed.

Statutes cited on this page

• M.G.L. c. 90 § 7N½(2) (new motor vehicles: the manufacturer shall repair a nonconformity reported during the term of protection)
• M.G.L. c. 90 § 7N½(4) (a reasonable number of attempts is "deemed": three repairs, or fifteen business days out of service, within the term of protection)
• M.G.L. c. 90 § 7N½(4) (the manufacturer's one additional opportunity to cure, not to exceed seven business days)
• M.G.L. c. 90 § 7N½(6) (state-certified new car arbitration, requested within eighteen months of original delivery)
• M.G.L. c. 90 § 7N½(3) (affirmative defenses)
• M.G.L. c. 90 § 7N½(3) (the manufacturer shall accept return and refund the full contract price, less a reasonable allowance for use, or offer to replace; the allowance formula; incidental costs)
• M.G.L. c. 90 § 7N¼(2)(A)(i) (used vehicles: a dealer must give an express written warranty)
• M.G.L. c. 90 § 7N¼(1) ("Dealer": a person engaged in the business of selling used vehicles; deemed so on more than three sales in twelve months)
• M.G.L. c. 90 § 7N¼(2)(B) (warranty duration by mileage at sale: 90 days or 3,750 miles; 60 or 2,500; 30 or 1,250)
• M.G.L. c. 90 § 7N¼(3)(A)(ii) (the dealer must accept return and refund after three attempts on the same defect or more than ten business days out of service)
• M.G.L. c. 90 § 7N¼(1), (3)(A)(ii) (repurchase price less fifteen cents for each mile)
• M.G.L. c. 90 § 7N¼(3)(A)(iii) (state-certified used car arbitration, requested within six months of original delivery)
• M.G.L. c. 90 § 7N¼(8) (a private seller must disclose known defects; the buyer may rescind within thirty days)
• M.G.L. c. 90 § 7N¼(13) (used-car action: two years from delivery of the used vehicle to the consumer)
• M.G.L. c. 93A § 9(3) (a written demand for relief at least thirty days before filing a c. 93A action)
• M.G.L. c. 106 § 2-725 (an action for breach of any contract for sale: four years)
• M.G.L. c. 90 § 7N (a sale may be voided if the vehicle fails inspection within seven days and repairs exceed ten per cent of the price)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.