Massachusetts Lemon Laws

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Who is covered under Massachusetts lemon law?
Massachusetts lemon law covers leased or purchased vehicles that are primarily intended for personal use. Vehicles may be either new or used, and motorcycles are included. Motor homes and off-road vehicles are not included.

What is covered under Massachusetts lemon law?
Massachusetts lemon law states that a manufacturer must repair any serious defect that falls under the vehicle's warranty, so long as it is reported within the first year of ownership or the first 15,000 miles.

If a manufacturer cannot repair the nonconformity after a reasonable number of attempts, they must repurchase or replace the vehicle. Massachusetts lemon law states that a reasonable number of attempts consists of three unsuccessful attempts to repair the same nonconformity, or a total of 15 business days when the vehicle was out of commission for repairs.

If the nonconformity persists after reasonable attempts to repair it, the manufacturer must be notified, and then has seven days to attempt a final repair. Massachusetts lemon law allows the manufacturer seven days to complete this final repair.

What is the settlement process under Massachusetts lemon law?
If the nonconformity is unable to be repaired, the consumer may attempt a settlement under the Massachusetts New Car Arbitration program, the judicial courts, or another informal settlement process. The process must be started within the first 18 months of vehicle possession.

What settlement can I expect under Massachusetts lemon law?
If an owned vehicle is repurchased under Massachusetts lemon law, the manufacturer must pay an amount to the consumer that includes the full purchase price, charges for all tax, tags, dealer-installed options, and other fees, and any costs directly attributable to the nonconformity, such as towing costs or alternate transportation. This sum is offset by a reasonable sum for the usage of the vehicle, which is calculated by dividing the number of miles driven by the consumer before returning the vehicle by 100,000, and multiplying the result by the full purchase price. In the case of a repurchased motorcycle, the number of miles driven should be divided by 25,000 instead of 100,000.

If a leased vehicle is repurchased under Massachusetts lemon law, the manufacturer must refund all payments that the lessee made to the lessor, all charges for tax, tags, government fees, and dealer-installed options, and all costs related to the nonconformity like towing charges or alternate transportation. An offset for vehicle usage, as described above, is subtracted from this sum.

If the lemon vehicle is replaced under Massachusetts lemon law, the manufacturer must also pay for incidental costs incurred because of the nonconformity, such as towing or alternate transportation, as well as any taxes or charges levied on the new vehicle. If the replaced vehicle is leased, the replacement must be the same model as the original, and the new lease cannot create any additional financial burden on the consumer. If the replaced vehicle was financed by the manufacturer, the replacement vehicle must also be financed with similar terms