Massachusetts Lemon Law

[MarvBear]

Information from NADA Title & Registration Textbook 2004

 

Massachusetts Lemon Law

 

NEW- (Any motor vehicle except auto homes, vehicles built primarily for off-road use or any vehicle used primarily for business purposes) If a motor vehicle does not conform to any applicable express or implied warranty, and the consumer reports the nonconformity to the manufacturer of the vehicle, its agent or its authorized dealer during the term of protection, the manufacturer, its agent or its authorized dealer shall effect such repairs as are necessary to conform the vehicle to such warranty. The term of protection is one year or 15,000 miles of use from the date of original delivery, whichever occurs first. If the manufacture, its agent or authorized dealer does not conform the motor vehicle to any such applicable express or implied warranty by curing any nonconformity after a reasonable number of attempts, the manufacturer shall accept return of the vehicle from the consumer and, at the manufacture’s option, refund the full contract price of the vehicle including all credits and allowances for any trade-in vehicle, less a reasonable allowance for use, or replace it with a motor vehicle acceptable to the consumer. Reasonable attempts shall be deemed to have been undertaken: (a) the same nonconformity subject to repair three or more times, and nonconformity continues to exist, ( b ) vehicle is out of service by reason of repair of any nonconformity for a cumulative total of fifteen or more business days during the term of protection, provided, that the manufacturer shall be afforded one additional opportunity, not to exceed seven business days, to cure any nonconformity arising during the term of protection, notwithstanding the fact that such additional opportunity to cure commences after the term of protection. USED- A motor vehicle contract of sale may be void by the buyer if the motor vehicle fails to pass, within seven days from the date of such sale, the safety or combined safety and emissions inspection at a licensed inspection station, provided that the defects which are the reasons for the failure to issue a Certificate of Inspection were not caused by the abusive or negligent operation of the motor vehicle or by damage resulting from an accident or collision occurring after the date of the sale; and provided, further, that the cost of repair necessary to permit the issuance of a Certificate of Inspection exceeds ten per cent of the purchase price of the motor vehicle, and returned to the seller within 14-days from the date of sale. For additional information please contact the Office of Consumer Affairs and Business Regulation at 10 Park Plaza, Suite 5170, Boston, MA 02116