The lemon law in Massachusetts protects buyers of new and used cars that have one or more substantial defects; defects that make the car unsafe to drive. The law, as written, protects those that have purchased a new car, and it provides protection if the new car fails to pass inspection in the first week after delivery.
The Lemon Law For A New Car:
In Massachusetts, the lemon law exists to protect the buyer of a new car that has a serious defect that cannot be rectified. The defect must be such that it impairs:
* The use of the car
* The safety of the car, or
* The value of the car
The lemon law stays in effect for one year from the date of delivery or 15,000 miles, whichever occurs first. To qualify, you must have taken the car back for repair of the same defect three times, and the problem continues or the car was in for repair for a total of 15 days or more.
If, after three attempts at repair, the problem still exists, under the Massachusetts lemon law you are obliged to give the manufacturer of your new car one last chance to fix the problem. The manufacturer is given seven days to attempt a final fix. After the final attempt fails, you can request either a refund or a new car.
The “Lemon Aid” Part Of The Law:
If your new or used car fails to pass inspection within seven days of your taking delivery, and the cost to repair the defect is estimated to exceed ten percent of the price you paid, you can cancel the lease or purchase agreement and ask for a refund.
If this should happen, you must provide a statement from the inspector explaining why the car failed, an estimate of the cost to repair the defect, and you must take the car back to where you purchased it. In the event the seller refuses to take the car back, you can engage the services of an attorney and take the seller to court.
Does your new car fall under the Massachusetts lemon law? The attorneys at the Krohn & Moss, Ltd. Consumer Law Center® can help.