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Massachusetts

MASSACHUSETTS Lemon Law:

Mass. Gen. Laws ch. 90, § 7N1⁄2

Vehicles covered: Vehicles sold, leased, or replaced, including

motorcycles; excludes auto homes, off-road vehicles, and vehicles

used for business purposes (§ 7N1⁄2(1)).

Persons covered: Consumer buyers, lessees, transferees during

express warranty period, or any person entitled to enforce the

warranty (§ 7N1⁄2(1)).

Period covered: Whichever comes first: one year or 15,000 miles

from date of delivery (§ 7N1⁄2(1)).

Disclosure requirements: Notice of consumer’s rights must be on

the window sticker, and in the owner’s manual (§ 7N1⁄2(6A)).

Required consumer notice: Notice to manufacturer, its agent or an

authorized dealer (§ 7N1⁄2(2)), but the consumer does not need to

provide notice prior to arbitration (§ 7N1⁄2(5)).

Repair requirements: It is presumed that a reasonable number of

attempts have been made if the same nonconformity is subjected to

three or more repairs, or the vehicle is out of service for a

cumulative total of fifteen or more business days, plus a final cure

attempt (§ 7N1⁄2(4)).

Affırmative defenses: The nonconformity does not substantially

impair the use, market value or safety of the vehicle, or is the result

of the consumer’s negligence, or is caused by an accident, vandalism,

or unauthorized repair or modification (§ 7N1⁄2(3)).

Replace/refund: At the consumer’s option, the manufacturer shall

replace the vehicle, or refund the full purchase price less a reasonable

use allowance (defined) (§ 7N1⁄2(3)).

Other reimbursement: Incidental costs, fees and charges

(§ 7N1⁄2(3)).

Other remedies: There is no limit on other consumer remedies

(§ 7N1⁄2(5)). The manufacturer’s failure to comply with the statute

is an unfair or deceptive act (§ 7N1⁄2(7)). No cause of action created

against dealer.

Informal dispute resolution: The manufacturer shall submit to

state-certified arbitration if it is requested by the consumer

(§ 7N1⁄2(6)).

Resale of lemon: Full disclosure required (§ 7N1⁄2(5)).