Your Rights and Remedies Under the Massachusetts Lemon Law Statute

When you buy a new car, you are making an expensive purchase. That’s why you need to know your legal rights under the Massachusetts Lemon Law new car statute in case your new car is seriously defective.

Timeliness of Claims

Like most states, Massachusetts defines a lemon vehicle as a new or leased vehicle that has a defect that “substantially impairs the use, market value or safety of the vehicle.” There are strict time limitations on making a lemon law claim under Massachusetts law. The statute protects you for 12 months or 15,000 miles, whichever comes earlier. Should such a defect arise during the protection period, the manufacturer is allowed three attempts on the same defect to repair it during that period. If your car is out of service for 15 or more business days during repair attempts, the requirement is also met, even if three repair attempts aren’t made.

The Last Chance to Repair

If the same problem continues, you must give the manufacturer written notice that it continues. It’s recommended that you send such notice via certified mail, return receipt requested. The manufacturer is then given one final chance at repairing the vehicle that cannot exceed seven days.

Statutory Punitive Damages

If the vehicle still isn’t repaired within those seven days, you are then allowed a refund or replacement of the vehicle. You are free to reject a replacement vehicle, though. Should the manufacturer fail to offer repair or replacement of the vehicle, the Massachusetts Consumer Protection Act is triggered. If a violation of that statute is determined to be willful, double or triple damages can be awarded along with legal fees and court costs.

Always maintain full and complete records, especially if repairs are contemplated under the Massachusetts Lemon Law new car statute. Before making any type of a claim, it’s wise to consult with the Lemon Law lawyers at Krohn & Moss Consumer Law Center.

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