How does the lemon law process work in Massachusetts?
Massachusetts offers three robust lemon law statutes, each with state-administered arbitration through the Office of Consumer Affairs and Business Regulation.
1. Governing Statute
M.G.L. c. 90, § 7N1/2 (New Car Lemon Law), § 7N1/4 (Used Vehicle Warranty Law), and § 7N1/2(7) (Leased Vehicle Lemon Law). Administered by the Office of Consumer Affairs and Business Regulation, with arbitration through certified providers.
2. Coverage
New Car Law covers any new motor vehicle, including motorcycles, leased or purchased in Massachusetts. Used Vehicle Warranty Law covers used cars under 125,000 miles purchased for $700+ from a dealer (statutory express warranty: 30-90 days, scaling by mileage). Leased Vehicle Law mirrors the New Car law for leases of 1+ year.
3. Lemon Presumption
Under § 7N1/2(3), presumption applies during the Term of Protection (1 year or 15,000 miles, whichever first) when: (a) the same substantial defect has been subject to repair 3 or more times, or (b) the vehicle is out of service for repair 15+ business days.
4. Notice to Manufacturer
The consumer must give the manufacturer written notice by certified mail of the third repair attempt or 11th business day out of service. Manufacturer has 7 business days to make a final repair attempt.
5. Manufacturer's Buy-Back / Replacement
At the consumer's option, manufacturer must repurchase or replace with a comparable vehicle. Repurchase includes purchase price, taxes, registration, finance charges, dealer add-ons, and incidental costs, minus a reasonable mileage offset (statutory formula: price x miles up to refund / 15,000 for first 15,000 miles).
6. Arbitration
The consumer may file with the state-administered Lemon Law Arbitration Program. Filing fee: $50. Arbitration must occur within 45 days of acceptance. The decision is binding on the manufacturer; the consumer may reject and sue.
7. Lawsuit & Fee-Shifting
A prevailing consumer in civil court is entitled to double damages, attorney's fees, and costs (§ 7N1/2(5)). Parallel claims under Magnuson-Moss (15 U.S.C. § 2310(d)) and M.G.L. c. 93A (Consumer Protection Act) — allowing double or treble damages — are routinely added.
This is legal information, not legal advice.
- Chapter 93A demand letter and treble damages potential
- Manufacturer rejected state arbitration award
- Used car within 30-90 day warranty period
- M.G.L. c. 90, § 7N1/2 (New Car Lemon Law)
- M.G.L. c. 90, § 7N1/4 (Used Vehicle Warranty Law)
- M.G.L. c. 93A (Consumer Protection Act)
- 15 U.S.C. § 2301 (Magnuson-Moss)
- 16 CFR Part 703
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.