Massachusetts's lemon law and your rights as a buyer

What the lemon law protects, what it doesn't, and what rights you keep when you buy used. With the state's exact deadlines.

This guide summarizes the recorded scope for Massachusetts (M.G.L. c. 90, § 7N½ (nuevos); § 7N¼ (usados); § 7N (Lemon Aid)). Eligibility, deadlines and notice requirements depend on the law and applicable coverage; read the state conditions below, including used-vehicle conditions where relevant.

What it covers

New cars, motorcycles, vans and trucks bought or leased in Massachusetts from a dealer for personal or family use, with a defect that substantially impairs use, market value or safety.

Rights period: 1 year or 15,000 miles from original delivery, whichever comes first.

When it is presumed a lemon

The same defect repaired three or more times within the period and it continues or comes back; or the car out of service 15 or more cumulative business days. After that, the maker gets one last chance of up to 7 business days.

The presumption does not replace the other requirements. Check the official conditions and procedure for your situation.

The process

Notify the maker in writing for its last chance to repair. Important: the law says no manufacturer, agent or dealer can require you to notify it first before you ask for state arbitration (§ 7N½(5)); and the extra window of up to 7 business days starts the day the maker knows or should have known the 3 attempts or the 15 business days were already met. If it is not fixed, request state arbitration from OCABR within 18 months of original delivery; the decision comes within 45 days. You can also go to court under chapter 93A. If you win, reasonable attorney's fees and costs must be paid to you.

Who handles it: Office of Consumer Affairs and Business Regulation (OCABR) — Lemon Law Arbitration Program.

Hotline: 617-947-1718 (Lemon Law Program) · 617-973-8787 (línea al consumidor de OCABR).

What you get if you win

Replacement, or a refund of the full contract price (including trade-in), plus sales tax, registration, finance charges, dealer options, towing or rental; minus a use offset: price ÷ 100,000 × miles (motorcycles: ÷ 25,000).

What it does not cover

Outside the law's definition are auto homes, vehicles built primarily for off-road use and vehicles used mainly for business (§ 7N½(1)). Motorcycles are covered, but mopeds ("motorized bicycles") and electric bicycles are not "motor vehicles" in Massachusetts, so they are outside it (M.G.L. c. 90, § 1). The maker can also defend itself if the defect does not substantially impair use, market value or safety, or if it came from owner negligence, an accident, vandalism, a repair by someone other than the maker or its dealers, or an unauthorized modification. It does not pay personal costs like lost wages or childcare.

I bought used: what do I have left

More than it seems, even if it isn't the lemon law:

• The Buyers Guide (FTC). The guide states the dealer warranty. "As Is" describes that warranty; it does not by itself resolve other state-law rights or remaining manufacturer coverage. The federal rule applies in 48 states (Maine and Wisconsin have their own equivalent rules). If the sale is conducted in Spanish, the dealer must post a Spanish-language Buyers Guide.
• Remaining manufacturer warranty. Check the warranty contract and its duration and transfer conditions; vehicle age does not guarantee coverage.
• In Massachusetts: Mandatory dealer warranty on used cars of $700 or more (§ 7N¼), and anyone who has sold more than 3 used cars in the last 12 months counts as a dealer: under 40,000 miles, 90 days or 3,750 miles; 40,000–79,999, 60 days or 2,500; 80,000–124,999, 30 days or 1,250; 125,000 or more, none. If the true mileage is not known, age decides: 3 years old or less, the first band; more than 3 and less than 6, the second; 6 years or more, the third. It covers parts and labor on any defect that affects safety or use, but the dealer may charge you up to $100 in total for the whole period. You have to bring the car back no later than 5 business days after the warranty ends. If the same defect is not fixed in 3 attempts or the car spends more than 10 business days in the shop, the dealer must buy it back and refund the full price less 15 cents for each mile you drove. OCABR arbitration if you request it within 6 months of delivery; any lawsuit, within 2 years. Watch out, this law does NOT cover motorcycles, auto homes, off-road vehicles or vehicles used mainly for business, and it does not cover the sale of a leased car to its own lessee or a sale by an employer to an employee. Lemon Aid law (§ 7N): if the car fails inspection within 7 days of the sale and repairs cost more than 10% of the price, you can void the sale even if it says "as is"; within 14 days of the sale you must notify the seller, deliver the car to the seller, and give the seller a written statement signed by the inspection station with the reasons it failed and an estimate of the repair cost. It applies only if you bought the car for your own immediate personal or family use, and the seller may repair it instead of refunding you if you both agree in writing. A private seller must disclose known defects that affect safety or use (30 days to cancel). Deceptive practices: chapter 93A and 940 CMR 5.00 (Attorney General).