You may have taken your time choosing your vehicle, by reading all of the consumer reports and reviews, researching on the Internet and talking with various dealerships. Sometimes though, despite all of your best efforts, you end may end up with a defective automobile. There are laws that protect consumers against defective automobiles, trucks and other vehicles. In Massachusetts, consumers are protected under the Massachusetts Lemon Law and the federal Lemon Laws, including the Magnuson-Moss Warranty Act. These laws allow the consumer to pursue compensation which may come in the form of a refund, replacement or cash compensation.

To qualify for either the Massachusetts Lemon Law or federal Lemon Laws, you generally have to prove that the vehicle has gone through various repair attempts under the manufacturer’s factory warranty. According to the Massachusetts Lemon Law, a lemon is defined as “a new or leased motor vehicle that has a defect which substantially impairs the use, market value, or safety of the vehicle, and which has not been repaired after a reasonable number of attempts.” This law includes any new car, motorcycle, van or truck that was purchased in Massachusetts from an auto dealership for personal or family purposes and is covered for one year or 15,000 miles of use from the original delivery date, whichever comes first. Vehicles that were resold during the one year or 15,000 miles term of protection or vehicles that were leased are also covered.

In order to prove that the vehicle is a lemon, you must show that the vehicle is seriously impacted by the defect and the safety or market value has been impaired. The defect has to be considered substantial. In addition, to qualify under the Massachusetts lemon law, the vehicle must have gone through a “reasonable number of attempts” to repair the defect by the manufacturer, its agent or authorized dealer. A qualifying vehicle may include one that has had 3 or more failed attempts at repair for the same defect or 15 or more business days (the days do not have to be consecutive) of attempted repairs.

If the vehicle cannot be repaired the manufacturer should offer to replace it or refund your money. Sometimes, manufacturers are not always cooperative and in such a situation, you can pursue legal action. According to the Office of Consumer Affairs and Business Regulation, “failure to comply with the Lemon Law is an unfair and deceptive act under the Massachusetts Consumer Protection Act, c. 93A, which may entitle you to double or treble damages, plus court costs and reasonable attorney’s fees.” Contact the attorneys at Thomas M. Kiley & Associates LLP if you are considering filing a Massachusetts lemon law lawsuit.

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Andover, MA 01810

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