The Duration of the Massachusetts Lemon Law

A Primer on the Lemon Law

The Massachusetts Lemon Law is an important consumer protection law that provides recourse for those who have purchased or leased a defective vehicle that has not been repaired after a reasonable number of attempts. The Lemon Law is designed to protect consumers who find themselves stuck with a car that has significant defects that affect its safety, value, or use. These defects can be as minor as a malfunctioning radio or as serious as an engine failure, but they all share one common element: they are substantial enough to render the vehicle unfit for the road .
When a vehicle is declared a "lemon," Massachusetts state law provides certain remedies for the consumer, including the right to a refund or replacement of the vehicle. This allows consumers to trade in their defective vehicles for something that is free from the flaws that plagued the lemon.
The concept of a ‘lemon’ vehicle arises from this consumer protection statute, and it represents a car that has substantial defects that the manufacturer has failed to correct after a reasonable number of repair attempts. The Massachusetts Lemon Law is intended to safeguard consumers from purchasing or leasing vehicles that turn out to be defective and ensures that they have a recourse when faced with such a situation.

Length of the Massachusetts Lemon Law

The Massachusetts Lemon Law is in effect for a period of 15 months. When you notify the manufacturer that the new car is defective, the manufacturer (or its representative) has 7 days to inspect the car, repair the defect, and return the vehicle to you. If the car is under warranty during all of this and it cannot be repaired, or if the dealership does not have all necessary parts or any other good reason into why it cannot be repaired, the 7 day time period can be extended by the time it takes the car to be repaired or the parts to come in. In other words, if it takes the manufacturer 10 days to make the necessary repairs, you cannot file a lemon law application until the necessary repairs are done, even if that takes more than 7 days.
The next step in the process is that you must allow the manufacturer or its representative 3 repair attempts to fix the defect. The same reasoning above applies with regard to the length of time. If it takes them 10 days to try to fix the car, you cannot file an application until 10 days have passed since you first brought your car into the dealer for repair. At the end of 15 months, you must judge whether the defects have been repaired and you still have problems, whether you have had 3 attempts at repairs, and whether the 3 attempts at repairs have failed to fix the defect. If you satisfy all these conditions, you are eligible to apply for Lemon Law relief with the Office of Consumer Affairs.

Requirements for a Lemon Law Claim

Eligibility Criteria for a Massachusetts Lemon Law Claim
When considering the possibility of filing a Massachusetts lemon law claim, it is important to evaluate whether your vehicle qualifies as a lemon under Massachusetts law. The Massachusetts lemon law is not a warranty and does not apply to every vehicle that is in need of repair or has suffered some degree of functional failure. To be eligible for the lemon law protections under Massachusetts law, an individual must own a covered vehicle that has suffered an excessive number of defect(s) and/or nonconformity(ies).
In Massachusetts, vehicles which are eligible for lemon law protections are limited to consumer motor vehicles such as automobiles, vans, SUVs and trucks designed for highway use which are registered or licensed to operate in the Commonwealth. Commercial vehicles, motorcycles and even vehicles registered outside Massachusetts do not fall within the protections of the lemon law. Therefore, if you do not own a consumer motor vehicle registered in Massachusetts, you will not be able to bring a lemon law claim regardless of the existence of defects and/or nonconformities within the vehicle.
In addition to being a covered vehicle, to be eligible for a lemon law claim, the vehicle must suffer from a defect which substantially impairs the use, marketability or safety of the vehicle, and the defect must not be repairable after a reasonable number of attempts. A reasonable number of attempts is presumed after the issuance of four separate repair orders to repair the same or similar defect or nonconformity or the vehicle is out of service for repair for a cumulative total of 15 days. A known list of defects which a court has found to be substantial and warrant a lemon law claim include, but are not limited to: a malfunctioning transmission, faulty fuel tank, engine defects, a defective ignition module and severe and frequent loss of electrical power.

The Next Step if You Own a Lemon

It is important to keep in mind that there are a number steps that consumers must take within the duration of the Lemon Law to be able to qualify for the compensation you are afforded under the Massachusetts Lemon Law. The following is a brief guide of the necessary steps you must take within the Lemon Law time restrictions:

1. Notify the Manufacturer

Consumers are required to notify the manufacturer of the defect and give the manufacturer a reasonable chance to repair the defect. Consumers can give the manufacturer notice by contacting the manufacturer directly by phone, fax, e-mail or online form. If a manufacturer has any known form of notification, then use it.

2. Repair the defect as presented to the manufacturer

The definition of a "reasonable chance to repair" varies depending on the defect. However, the common notion is that a reasonable chance to repair requires you to allow the manufacturer at least three chances at repair. This means the consumer will have to return to the manufacturer or its agent at least three times in a two-year span. Massachusetts has clearly stated that there is no hard and fast rule to define a reasonable number of repair efforts. Ultimately, the court will have the final say as to whether you gave the manufacturer a reasonable chance to fix the defect.
There is also an additional requirement that the defect must be an "unreasonable burden on the owner", meaning that if the vehicle is not driveable because of the defect and the defect is serious, then the court will find that you have met your burden of proof.

3. Document Everything

It is very important to keep and store ALL documents regarding your lemon vehicle. Any and all repairs should be documented, emails should be saved, letters should be stored in a safe place. If there are other communications between the manufacturer and you that have are of significance to your case, make sure you save those as well.

4. File a Claim

Once the duration of the Massachusetts Lemon Law has expired, and you have provided the manufacturer with a "reasonable chance to repair" the same defect, you can then file a claim against the manufacturer. At this point, the burden of proof shifts from the consumer to the manufacturer, meaning that the manufacturer will have to show that there was an "unreasonable burden on the owner".

Remedies under the Lemon Law

In general, the cost incurred by the consumer must be covered under the Lemon Law. In order for the consumer to be awarded a refund or a replacement vehicle, the court must first decide whether the vehicle was "substantially impaired" in its use or safety, and then whether "reparability" of the defect is possible. If repair is not successful, then the consumer may be entitled to a refund or replacement vehicle, including reasonable incidental costs. Potential remedies for the Lemon Law are repair, refund, or replacement.
The repair remedy of the Lemon Law is similar to the manufacturer’s warranty provisions, in that a vehicle with a defect that substantially impairs its safety or use that has not been repaired after a reasonable number attempts or repair opportunities allows the consumer to recover the cost of the repairs, if already paid. The Lemon Law also allows the consumer to recover incidental costs for repairs, such as rental car fees incurred while a vehicle is in the shop for repairs or payment of towing costs .
Similar to the refund remedy of the Massachusetts Lemon Law, the replacement remedy may be invoked when a vehicle has a defect or nonconformity within the first one year or 15,000 miles of delivery. In the event that the manufacturer elects to replace a vehicle with a similar new vehicle, the consumer will receive the vehicle without defects or nonconformities. The consumer may then receive a refund of any down payment and the remaining payments under the lease or installment contract; however, the manufacturer may elect to pay off the remaining payments, if so provided in the manufacturer’s express warranty or if agreed upon by the consumer. The consumer may also be awarded the reasonable value of any nonconforming property or equipment installed in the vehicle at the time of purchase, or reimbursement of costs incurred to obtain any other nonconforming property or equipment.

Common Misunderstandings Regarding the Lemon Law

Consumers have a few common misconceptions about the Lemon Law. One is that any car that’s spent a lot of time in the shop may qualify for a buyback after a normal amount of repairs. That’s not true. A claim under the Lemon Law requires three attempts at repair for the same problem, or – and this is the most common scenario – a vehicle out of service for more than 15 days. Said another way, a rough road noise may qualify as a problem under the Massachusetts Lemon Law. However, if the car still drives fine and is operable, then the mechanic will not deem it a "nonconformity" under the Lemon Law. The consumer will need to give the dealership a chance at fixing the problem through the normal warranty process. As long as the dealership is repairing the problems in a reasonable amount of time, that should help confirm to the consumer that the vehicle is being aptly serviced, and that the muscles of the Lemon Law aren’t necessary.
Another common misconception revolves around whether customers need the dealer’s permission for a rental or loaner car while the car is out of commission, perhaps undergoing repairs or scheduled maintenance. It’s true that some dealers make their customers sign an "rental waiver," a document that says the customer won’t seek a substitute vehicle to use during warranty repairs. The waiver is a direct attempt to trump the provisions of the Lemon Law, which states that a customer should be permitted to borrow a car during the course of repairs. Under no circumstances would a manufacturer’s warranty – or its Sonic Steel Conditioner Special Rap All Day – deny a customer the right to a free loaner car. Don’t sign a waiver or a similar waiver without first consulting with an attorney about your rights under the Lemon Law.

Available Legal Help and Resources

There are several sources online that provide the means to contact a Boston Lemon Law attorney. Massachusetts Lemon Laws cases concerning new and used vehicles have statute of limitation periods of 3 years, so it is imperative to file before the expiration; thus, it is important to find an attorney as soon as possible. The Lemon Law attorney will act on behalf of both you and the state in the matter. They will be the ones seeking for you the appropriate remedy. They will be representing you throughout the entire process of your Lemon Law claim.
The Massachusetts Consumer Affairs Division has information regarding the Massachusetts Lemon Law that both consumers and attorneys can use to research the best possible course to take. This includes government contacts and currently pending lawsuits within Massachusetts for Lemon Laws. There are many Lemon Law attorneys in the Massachusetts area that have the experience and knowledge you are looking for.
If you have given the manufacturer or dealer a reasonable amount of time to fix the defect in the automobile, call an attorney and file a Lemon Law claim. The attorney can determine if it is a Lemon Law issue and if it is, will seek remedies provided by law.

Summary and Final Analysis

In this article we have explored what the Massachusetts lemon law is and how it can affect you, if you are the proud owner of a new vehicle purchased in the Commonwealth of Massachusetts. Even if you bought your car new, you are still at risk of buying a lemon, and you should be aware of your rights under the lemon law.
If you are like most new vehicle purchasers, you have just made an enormous investment in your new vehicle, and you need it to be reliable for you to be able to get to work, run errands, and do all of the other things that you rely on your car for . If you bought a lemon, we hope this article has helped you better understand your rights with respect to your new vehicle. Most importantly, if you feel you have a lemon, act quickly to preserve your rights.
We hope this article has also helped you better understand exactly when the lemon law period will expire so you can monitor whether you are getting close to the end of the lemon law mileage/age periods. If you have any questions about your rights or the lemon law period, you should consult with an experienced lemon law attorney before time runs out on your claim.