MA Lemon Laws: What Are They?
Massachusetts lemon laws are a set of consumer protection laws designed to protect people who have purchased defective vehicles. If your new car has a defect that you cannot get fixed, Massachusetts law may entitle you to have your vehicle exchanged for a working one or purchase a new one at the current market value. These laws apply to new, new replacement, demonstrator and used vehicles.
As per Massachusetts lemon laws, a vehicle is considered defective if it has substantial defects or defects that may affect its safety, performance or market value after the ownership has transferred from the dealership to the consumer . Massachusetts lemon laws also cover vehicles with:
• Defects that manifest themselves within the vehicle’s warranty period
• Must be substantial enough to affect the vehicle
• Must not be minor or temporary issues that do not hinder normal functioning
Keep in mind that it is your responsibility as a consumer to inform your dealership of any defects your new vehicle has exhibited within the duration of the warranty. Different Massachusetts lemon laws exist regarding used and new vehicles, but they both have the same general goal: to protect the consumer from lemon vehicles. Your dealer should be your first contact. If your dealer doesn’t address your issues, then your state’s consumer agency is the next point of contact, although you could opt to pursue civil action without involving them.
Qualifications for MA Lemon Laws
In order to qualify as a lemon under the MA Lemon Laws, a defect must be present in the vehicle that hinders the safe operation of the vehicle. Moreover, said defect must have been reported to the dealer during the warranty period. The court or arbitrator will consider it a lemon if during the first 18,000 miles of service or 15,000 miles of factory specified maintenance (whichever occurs first), the new car has a single defect that has resulted in three failures of the same defect or if there has been a cumulative 15 or more calendar days that the car is out of service for repair. If the car is still under warranty, the buyer is generally entitled to protection under the Lemon Laws.
If You’ve Got a Lemon, Here’s What To Do
If you suspect your vehicle is a lemon, the steps you take will go a long way in determining whether you’re able to successfully reach a resolution. First and foremost, you should read through the warranty guide and verify that you have followed all the rules in order to bring your vehicle in for repairs. You also want to make sure you have been following the overall care and maintenance instructions you’ve been given. In all likelihood, it will be necessary to bring your vehicle in multiple times in order to document and diagnose any issues. Whether you have a serious defect or a minor cosmetic issue, make sure to always contact the manufacturer with any concerns and make it clear that you expect your vehicle to be repaired. Next, thoroughly document every incident you have with your vehicle and all communications you have with manufacturers and their agents. Don’t ever try to fix a factory or dealership malfunction yourself—if you do, the manufacturer could later claim that you tried to repair a defect, rending yourself ineligible for MA lemon law protection. Make sure you understand what steps are needed to get their car repaired, and if you suspect the manufacturer is giving you the runaround, ask them to put everything in writing. If you visit the factory or dealership and leave feeling like you haven’t been treated fairly, you probably haven’t. As soon as you realize you have a lemon, contact the manufacturer. You should also hire a qualified MA lemon lawyer to handle your case if you aren’t able to get the help you need.
Resolving MA Lemon Law Claims
In Massachusetts, consumers have access to a few different procedures to resolve disputes under the lemon laws. If you can bear some of the costs involved with mediation, you may attempt to resolve a claim with learned mediators. A mediator sits down with you and a representative of the manufacturer (or sometimes the seller). In the ideal case scenario both you and the manufacturer are open to compromising on what you believe is a fair deal.
If mediation fails to produce a satisfactory agreement, you can bring a lawsuit to court or you may initiate another alternative dispute resolution in the form of binding arbitration. Arbitration is less formal than going before a judge . Before you make the decision to go to arbitration, know what the manufacturer’s warranty says about going through arbitration. Some manufacturers require a consumer to go through arbitration. Depending on your case, arbitration may be more desirable than going to court. If you represent yourself when you go to an arbitration, you will save money. If you hire a lawyer, the lawyer will likely take his or her fee from the award that you receive after the arbitration, so the overall cost to you of arbitration should be relatively low.
Whether you go to an arbitration or to court, MA lemon laws limit the damages you can potentially recover. If you do not go through the binding arbitration process and you win your case in court, you may recover your actual economic damages and attorney fees.
MA Lemon Law Compensation
The lemon law is intended to assist consumers in obtaining compensation from manufacturers when a vehicle is determined to be a lemon. Successful lemon law claims might provide consumers with refunds for their vehicles or provide replacement vehicles that are free of defects. The lemon law compensates consumers for serious defects that are unable to be repaired after four attempts or if the vehicle is out of service for 15 days or more during the first year of ownership.
A refund includes the purchase price minus a deduction for the manufacturer’s allowance for the use of the car. The allowance is determined based on the number of miles on the car at the first occurrence of the problem, any costs of repairs made by the consumer and the value of any adjustments for trade-in. In other words, the manufacturer will compute the mileage at which the consumer first presented the vehicle to a dealer for repair, then deduct the consumer’s mileage of ownership, which results in the total miles that the vehicle was "on the road" for the manufacturer’s benefit. Any repairs made by the consumer are then deducted, along with any adjustments made for trade-in. The net value is the amount of the consumer’s allowance. It is important to remember that lemon law claims are eligibility-based, not severity-based. If the consumer wins, he/she receives a refund for the entire cost of the vehicle. The manufacturer is then obligated to defend the claim for refund before it is awarded. In other words, if the consumer wins, the manufacturer automatically loses. A replacement includes a replacement vehicle of comparable value, plus a return of the registration and title fees. Beyond these components, there is no general rule for determining the amount of a reimbursement award. The law does not provide for recovery of civil and punitive damages.
MA Lemon Law Updates
Massachusetts lemon law entitles a consumer to a replacement or repurchase of a vehicle if that vehicle has defects or nonconformities which have not been repaired after a reasonable number of attempts, and it total repairs exceed a total of 15 business days. Starting with vehicles purchased or leased on or after July 1, 2005, the lemon law statute was amended to include the following restitution options: 1. If the vehicle has been repaired four (4) or more times, the consumer can either elect to have a replacement vehicle or a refund of the vehicle price (the "Buyback Option"). 2. If the vehicle will likely be repaired for twenty (20) calendar days or more , then the consumer shall be entitled to a refund of the vehicle price (the "Repurchase Option"). The same restitution options apply to leased vehicles except the time periods are calculated from the date of vehicle delivery to the consumer. Damages are defined as the "total consideration paid" by the consumer, including a refund of all collateral costs (subject to a deduction for any damage to the vehicle which is not the result of normal wear and tear or abuse, reasonable offset for the use of the vehicle [but not exceeding 1% of the total consideration paid], and a deduction of any amounts paid by the consumer as a down payment, trade-in allowance or trade-in vehicle payoff if included in the total consideration paid for the vehicle). In addition, loan fees, finance charges, taxes, registration and other official fees shall be refunded.