Massachusetts Lemon Law
The Massachusetts Lemon Law defines a lemon as a new vehicle with a significant defect that substantially impairs its use, value or safety of the vehicle and which could not be repaired despite repeated attempts by the manufacturer to meet up to the written warranty.
The law protects the owners of such a car and gives them the right to a refund or replacement vehicle. Under the law any new car, motorcycle, van or truck bought for personal or family use in Massachusetts from a new car dealer is covered. The law requires any problems that prevent the vehicle to conform to the written warranty to be repaired within a reasonable number of attempts or a refund or replacement of the vehicle.
A significant defect of the vehicle can be considered as a problem of one or more of the following, or any other problems that significantly impairs the value, use or safety of the vehicle:
1. engine
2. transmission
3. breaks
4. steering
5. suspension
6. water/oil leaks
7. paint defects
8. bad odor
9. vibrations
10. rattles
11. electrical problems
12. noise
Under these auto lemon Laws, the manufacturer is entitled to
1. Four failed repair attempts for the same problem or defect, the first attempt being made during the first 12 months of ownership or during the written warranty period.
2. The repair, in number of days, should be made in less than 30 days. In order to succeed under the lemon law you should
1. Get repair orders of each of your visits that detail the problems you reported and the dates.
2. Have the purchase contract, warranty statement and repair orders to prove to court that you possess a lemon.
3. Provide the manufacturer a notice, to the address available in the owner's manual, stating the problem of the car and that you would like a replacement or refund. The notice give the manufacturer 30 days to respond.
4. If the manufacturer has an informal dispute settlement program that complies with Magnuson-Moss warranty--federal trade commission improvement act, you are required to use it before you can serve your right to the court. However, under no condition are you obligated to accept the decision of the program. If the decision is not to your liking you can reject it and serve your right to the court. The manufacturer dispute settlement program is a program initiated by the manufacturer to settle your disputes without going to the court. Such an informal program should comply with the Magnuson-Moss warranty act, obligates the manufacturer to comply by any decision reached if the consumer agrees to it, does not obligate the consumer to abide by the decision reached, and requires the manufacturer to initiate the process necessary to implement the final settlement no more than 30 days from when the settlement was reached. If you decide to serve your right to the court, consult a Massachusetts Lemon Law attorney for help. If the consumer wins, the law requires the manufacturer to reimburse the attorney fee.
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