Massachusetts Lemon Law

Massachusetts Lemon Law: Have you recently purchased or rented a used or new car, and it had serious problems? Did your vehicle fail the inspection performed within seven days of the date of purchase? If your answer is yes, know that you are protected by the Lemon Law of Massachusetts, MGL c. 90, §7N. This Act allows you to void or cancel a contract or sale of vehicles that have had serious problems shortly after the sale, providing a very effective means for consumers to ask for help.

The Lemon Law Federal originally appeared in the year 1975 and after being proven, all 50 American states proclaimed their Lemon Laws. It was created precisely to protect the consumer from the manufacturer who did not fulfill his promise after the sale, regarding the quality and good condition of the vehicle sold. It will protect you by requiring the manufacturer to reimburse you with a cash payment, a replacement car, or even repurchase the defective car if necessary.

The Lemon Law normally only applies to new cars and in some states (like Massachusetts) to used cars as well. But if you own another mode of transportation like a boat, motor home, or motorcycle, you’re also covered by the Magnuson-Moss Federal Warranty Act, which protects buyers of virtually all products that are sold in the United States, with a warranty per written. It applies to any purchase made over US$25 if the product has a warranty that is not being fulfilled.

How does the process work?

Although all citizens living in the country have the right to file their claim against the vehicle’s manufacturer or dealer, you should look for a lawyer specialized in the matter, to ensure that you are being reimbursed in the correct way that you have. legal right.

Lemon Law’s process is simple, see the requirements that fit it:

• The car has been taken in for repair 3 or more times for the same problem, and within 1 year or 38,624km from the original delivery date this defect still exists;
• The vehicle has undergone repairs, for any defect that totals 15 or more business days (they do not need to be consecutive) within the same period and mileage mentioned above;
• An additional requirement is that the problem or defect consequently impairs the use, market value, or safety of the car.

The manufacturer or dealer must also have the final right to fix any problem in progress, and if they fail to do so, they must repurchase or replace the car in question. It is worth remembering that you are also entitled to this protection even if the car is purchased from a private person. The law requires the seller to report any defect in the vehicle at the time of sale.

If not informed, the buyer must discover the defect and notify the seller within 30 days of purchase and must be refunded. The sale price and mileage do not matter, but the seller is entitled to deduct 15 cents for every mile driven.

In Massachusetts, Lemon Law does not cover used vehicles that were purchased for less than US$700 or if the mileage is greater than 201,168 km, nor does it cover commercial vehicles.

The length of time required for a settlement can vary greatly depending on several factors such as type, duration and history of repairs, vehicle, manufacturer or dealer, state of your claim, and which law applies to it, among others.

It is also worth remembering that each state has its Lemon Laws, however, you will be protected even if you are no longer living in the city where the car was purchased.

Arbitration

In the arbitration process, the purchaser and the dealer present proof and evidence of the vehicle’s condition to an impartial person (the arbitrator). This process helps resolve disputes without going to court, and to be requested you must first know if your car is eligible under the Lemon Law and whether the application is for a new or used car.

Arbitration applies only to car purchases made from dealers, as third-party sales are not eligible for the process. There are two types of arbitration:

State-owned:

The arbitrator must hear both sides of the case and issue a formal decision within 45 days of acceptance of the case. If he determines that your car meets the Lemon Law requirements, you will be refunded in full. In this case, the dealer or manufacturer cannot be asked to provide a partial refund, attempt additional repairs, or offer an extension of the purchased warranty.

The deadline for the manufacturer to make the refund or appeal the decision is 21 days after the decision. A late payment could result in a judge being able to award double damages. If the decision is that your car does not fit the Lemon Law, there will be no settlement, although you are entitled to different remedies from other laws.

Sponsored by the manufacturer:

The manufacturer or reseller-sponsored arbitration may be requested and they may not require their arbitration program to be used, but if they do use it, the arbitrator need not apply Lemon Law’s standards. It will be able to request partial as well as full refunds, and most manufacturers are bound by the decisions of their arbitration programs.

How to get the refund

The vehicle must be inspected and rejected by a licensed Massachusetts Inspection Station within 7 days of purchase. Rejection must not be caused by abuse or accident that occurred, or by negligence after the date of sale. In addition, all of the following steps must be completed within 14 days from the date of sale:

1. Have a written declaration signed by an authorized agent of the inspection station ready. The declaration must state the reasons why the vehicle did not pass the safety and emissions test.
2. Get a written quote for the costs of emissions or necessary safety repairs, these costs must exceed 10% of the purchase price.
3. The seller must be notified of the intention to void the contract under the statute (MGL c. 90, §7N). The notification can be sent by certified mail, requested return receipt, and by regular mail and a copy of the documents informed in the above steps must be sent with the notice.
4. Give the car to the seller, even if it requires towing services. It is recommended to always have a witness at your side and a copy of the documents listed above. If the seller refuses to accept the car, a statement must be made indicating that the delivery of the car took place at the location, in the presence of a witness, the date, and that the vehicle was refused by the seller. This document must be signed by you and the witness in the presence of a public official.

Upon completion of this process, you will be entitled to a full refund of the purchase price. There may be an agreement between both parties, in writing, for the seller to make necessary emissions or required safety repairs, paid for by the seller. However, the offer can be declined at any time if you opt for a full refund.

For more free information about Lemon Law, you can visit the official Massachusetts government website