What qualifies as a lemon car in Massachusetts

In Massachusetts, a car generally qualifies as a “lemon” if it has a substantial defect covered by warranty that persists after a reasonable number of repair attempts within defined time and mileage limits: for new vehicles, within one year or 15,000 miles (whichever comes first) with at least three repair attempts or 15 business days out of service; for dealer-sold used vehicles, during the statutory warranty period with at least three repair attempts or 10 business days out of service. Separately, the Lemon Aid Law lets buyers cancel a sale if the vehicle fails inspection within seven days and repairs would cost more than 10% of the purchase price. Below is a detailed guide to when a car qualifies and what to do next.

New Car Lemon Law: When a new vehicle qualifies

Massachusetts’ New Car Lemon Law (M.G.L. c. 90, §7N½) covers new passenger vehicles and motorcycles purchased or leased for personal use in the Commonwealth. The law requires the manufacturer to repair substantial defects within a defined protection period; if the defect persists, the consumer may be entitled to a refund or replacement.

The following points outline the core criteria that determine whether a new vehicle is a lemon under Massachusetts law:

• Covered vehicle and use: The vehicle is new (including leased), purchased/registered in Massachusetts for personal or household use.
• Covered defect: A defect or “nonconformity” covered by the manufacturer’s express warranty that substantially impairs the use, market value, or safety of the vehicle.
• Term of protection: The defect is reported to the dealer/manufacturer within one year from original delivery date or 15,000 miles on the odometer, whichever comes first.
• Reasonable repair attempts: The manufacturer (through its dealers) has had a reasonable number of opportunities to fix the defect—typically:
  

  • Three or more attempts to repair the same defect; or
  • Fifteen or more business days out of service for any combination of defects within the protection period.

• Final repair opportunity: After you send the manufacturer a written demand (usually by certified mail) requesting a final repair attempt, it must be scheduled promptly; if the defect still isn’t fixed, you can seek a refund or replacement.
• Deadline to pursue relief: You can apply to the state-run Lemon Law Arbitration Program (administered by the Massachusetts Office of Consumer Affairs and Business Regulation, OCABR) within the program’s filing window, which is generally within 18 months of the vehicle’s original delivery date.

If all the above conditions are met and the defect persists, the vehicle typically qualifies as a lemon. The manufacturer must then provide a comparable replacement or a refund, minus a reasonable allowance for your use of the vehicle.

What doesn’t qualify under the New Car Lemon Law

Not every problem will qualify a new vehicle as a lemon. The law excludes certain situations and types of defects to ensure only significant, warranty-covered issues are considered.

• Defects caused by abuse, neglect, accidents after delivery, or unauthorized modifications or alterations.
• Problems not reported within the law’s protection period (one year or 15,000 miles, whichever comes first).
• Issues with items or add-ons not covered by the manufacturer’s express warranty.
• Minor conditions that do not substantially impair the vehicle’s use, value, or safety.
• Some commercial or heavy-duty vehicles and certain specialty vehicles not covered by the statute.

If your issue falls into these exclusions, your vehicle may not be a lemon under the statute, though you may still have warranty or other legal remedies (such as under the Uniform Commercial Code).

Used Vehicle Warranty Law: When a used car is a “lemon”

Massachusetts’ Used Vehicle Warranty Law (M.G.L. c. 90, §7N¼) requires Massachusetts dealers to provide a statutory warranty on most dealer-sold used vehicles under a certain mileage. If a covered defect arises during that warranty period and isn’t corrected after a reasonable number of attempts, you may qualify for a refund.

These factors indicate when a dealer-sold used vehicle qualifies as a lemon in Massachusetts:

• Dealer sale: The vehicle was purchased from a licensed Massachusetts dealer (private-party sales are not covered by this specific law).
• Statutory warranty period: The defect arises within the mandatory used-vehicle warranty period, which varies by the vehicle’s mileage at sale (shorter coverage for higher-mileage cars; vehicles at or above 125,000 miles at the time of sale are generally not entitled to the statutory warranty).
• Covered defect: A defect that impairs the vehicle’s use or safety (cosmetic or trivial issues typically do not qualify).
• Reasonable repair attempts: The dealer fails to repair the defect after a reasonable number of attempts—commonly:
  

  • Three or more attempts to fix the same defect; or
  • Ten or more business days out of service for any combination of defects during the warranty period.

• No disqualifying causes: The defect is not due to abuse, neglect, accidents after the sale, or unauthorized modifications, and was not properly disclosed as an existing defect at the time of sale.

If these conditions are satisfied and the dealer cannot or will not repair the defect, you may be entitled to a refund of the purchase price (with a reasonable allowance for use), or other relief as provided by the statute.

What the Used Vehicle Warranty Law does not cover

The used-car lemon protections are narrower than for new vehicles and do not apply to every sale or problem.

• Private-party sales (though the Lemon Aid Law may still help if the car fails inspection).
• Vehicles sold with 125,000 or more miles at the time of sale (generally not entitled to the statutory warranty).
• Defects caused by the buyer after purchase (accidents, abuse, neglect) or by unauthorized modifications.
• Items that amount to routine maintenance or wear unless they create a covered defect within the warranty period.
• Defects that were specifically and accurately disclosed in writing before the sale.

If your situation falls into these categories, you may need to rely on other remedies, such as dealer warranties, manufacturer warranties, or claims under general consumer protection laws.

Lemon Aid Law: Canceling a sale after inspection failure

Massachusetts also has the Lemon Aid Law (M.G.L. c. 90, §7N), which is separate from the above lemon laws. It allows you to cancel a vehicle purchase—dealer or private-party—if the vehicle fails the Massachusetts safety and/or emissions inspection within seven days of purchase and the estimated repair cost exceeds 10% of the purchase price.

Key conditions to qualify for Lemon Aid relief include the following:

• Inspection timing: The vehicle is inspected within seven days of the date of purchase (or delivery, as applicable), and it receives a rejection (failed) inspection sticker.
• Cost threshold: A written estimate shows the repairs needed to pass inspection would cost more than 10% of the purchase price.
• Prompt action and documentation: You stop using the vehicle and follow the statute’s requirements to notify the seller and return the vehicle with proper documentation to rescind the sale.

When these elements are met, you can typically cancel the sale and receive a refund. Exact deadlines and steps are strict—review the statute or Mass.gov guidance to ensure you comply.

How to document and pursue a lemon claim

Careful documentation and following the required steps will improve your chances of a successful outcome under any Massachusetts lemon-related law.

• Keep records: Save purchase/lease agreements, warranty booklets, repair orders, invoices, dates and mileage for each repair, and all communications.
• Give the manufacturer/dealer a final chance: For new vehicles, send a certified letter to the manufacturer requesting a final repair attempt; for used vehicles, make written repair demands within the statutory warranty period.
• Mind deadlines: Note the one year/15,000-mile new-vehicle protection window, the used-vehicle statutory warranty durations, and the seven-day inspection deadline for Lemon Aid.
• Use the state program: Consider filing with the Massachusetts Lemon Law Arbitration Program (OCABR) within its filing window (generally within 18 months of delivery for new vehicles); used-vehicle disputes may be pursued through consumer complaint channels or court, including small claims where appropriate.
• Seek help: Consult Mass.gov resources, legal aid, or a consumer law attorney if your claim is complex or disputed.

Following these steps helps establish eligibility and ensures the manufacturer or dealer has had the required opportunity to fix the problem before you seek replacement, refund, or rescission.

Remedies you can expect if your car qualifies

Once a vehicle qualifies as a lemon under Massachusetts law, consumers have specific remedies designed to make them whole.

• Replacement vehicle: A comparable new vehicle (for new-car lemons) or another remedy permitted under the used-vehicle statute.
• Refund: Return of the purchase price, often including taxes, registration/inspection fees, and other reasonable incidental charges, minus a reasonable allowance for use.
• Incidental costs: Some out-of-pocket costs like towing or rental may be recoverable where the statute or award allows.
• Arbitration awards or court judgments: Binding outcomes that the manufacturer or dealer must honor, subject to appeal rights and enforcement mechanisms.

The exact remedy depends on the statute applied, the facts of your case, and any offsets for use or damage. Arbitration decisions or court orders will detail what is owed.

Bottom line

In Massachusetts, a car is a “lemon” if a substantial, warranty-covered defect persists after reasonable repair attempts within the applicable time or mileage limits—one year/15,000 miles and 3 attempts or 15 business days for new vehicles, and during the statutory warranty with 3 attempts or 10 business days for dealer-sold used vehicles. Separately, the Lemon Aid Law lets you rescind a sale if the car fails inspection within seven days and repairs would cost more than 10% of the purchase price. Keep detailed records, observe deadlines, and consider the state arbitration program or legal advice to protect your rights.

How long do you have to return a car in Massachusetts?

You have 30 days from the date of the sale to return the car and get a refund if there is a serious problem with the car. The refund may be slightly smaller based on “reasonable use” charges. They can subtract 15 cents or less per mile that you put on the car since buying it.

What qualifies for Lemon Law in Massachusetts?

A vehicle is considered a lemon if it has at least one defect that substantially that impairs the use, safety, or market value and the car has not been repaired after a reasonable number of attempts.

What is the Lemon Law buyback in Massachusetts?

The dealer has a right to offer to buy back the car instead of making repairs. You are responsible for helping to determine the refund by giving the dealer copies of your receipts and other documents for each cost to be reimbursed. The dealer must make the offer to buy back your car in writing.

How to file a Lemon Law claim in MA?

To file a Massachusetts lemon law claim, first gather all repair records and documents, then attempt to get the vehicle repaired by the manufacturer after a “reasonable number of attempts” or days out of service. If the vehicle cannot be fixed, you must send a written demand letter to the manufacturer. If they don’t resolve the issue, apply to the Office of Consumer Affairs and Business Regulation (OCABR) for their arbitration program, which can order a buyback. 
1. Understand Eligibility Requirements

• Vehicle Type: The Massachusetts Lemon Law primarily applies to new vehicles, motorcycles, vans, or trucks purchased or leased in Massachusetts. 
• Defect: The defect must substantially impair the vehicle’s use, value, or safety. 
• Reasonable Repair Attempts: The manufacturer must be given a reasonable opportunity to repair the defect. For new vehicles, this typically involves three or more repair attempts for the same problem or the vehicle being out of service for a cumulative total of 15 or more days. 

2. Gather Your Records 

• Keep detailed records of every repair attempt, including dates, specific repairs, and outcomes.
• Maintain copies of all receipts, warranty documents, and communications with the dealership and manufacturer.

3. Attempt to Get the Vehicle Repaired 

• Notify the manufacturer or dealer of the defect and give them a reasonable opportunity to repair it.
• Document all interactions, noting dates, times, and who you spoke with.

4. Send a Demand Letter 

• If the defect cannot be resolved after reasonable repair attempts, send a formal demand letter to the manufacturer.
• This letter should outline the vehicle’s issues, repair history, and your desired outcome (e.g., a refund or replacement).

5. File for Arbitration 

• If the manufacturer refuses to resolve the issue, you can apply to the Massachusetts Office of Consumer Affairs and Business Regulation (OCABR) for arbitration.
• The OCABR arbitration program is a legally authorized process where an arbitrator can decide if the dealer or manufacturer must buy back the car.

6. Consider Legal Action 

• You may also want to contact a lawyer specializing in lemon law for guidance through the process, especially if the arbitration program doesn’t provide a satisfactory outcome.