Home › Lemon law by state › Massachusetts
Lemon law in Massachusetts
Looking for Ohio? Ohio lemon law guide
Massachusetts Lemon Law (defective new motor vehicles), Mass. Gen. Laws ch. 90, § 7N1/2 (new vehicles) and § 7N1/4 (used vehicles). A new vehicle is presumed a lemon in Massachusetts when, during the protection period, the same defect was repaired 3 or more times without a fix, or it was out of service for repairs 15 or more days in total. The protection period is 12 months or 15,000 miles after delivery, whichever comes first. Leased vehicles are covered. Used vehicles are covered too.
At a glance
| Protection period | 12 months or 15,000 miles |
|---|---|
| Repair attempts, same defect | 3 |
| Attempts, serious safety defect | Not set |
| Days out of service | 15 |
| Used vehicles | Covered |
| Leased vehicles | Covered |
| State arbitration program | Yes |
| Time limit to file | Request state-certified arbitration within 18 months of delivery |
Who qualifies
Which vehicles
Motor vehicles sold or leased by a dealer or manufacturer. Motor homes, vehicles built mainly for off-road use and vehicles used mainly for business are excluded.
“except that it shall not include auto homes, vehicles built primarily for off-road use or any vehicle used primarily for business purposes”
web.archive.org
Repair attempts
The car is presumed a lemon if the same defect has been repaired 3 or more times within the protection period and still exists or comes back.
“the same nonconformity has been subject to repair three or more times by the manufacturer or its agents or authorized dealers within the term of protection”
web.archive.org
Serious safety defects
The law does not say.
Days out of service
The car is presumed a lemon if it is out of service for repairs a total of 15 or more business days during the protection period.
“the vehicle is out of service by reason of repair of any nonconformity for a cumulative total of fifteen or more business days during the term of protection”
web.archive.org
Used vehicles
Yes, under a separate used car law (ch. 90, § 7N1/4). Dealers must give a written warranty on used cars: 90 days or 3,750 miles under 40,000 miles, 60 days or 2,500 miles from 40,000 to 79,999 miles, and 30 days or 1,250 miles from 80,000 to 124,999 miles.
“For a used motor vehicle which, at the time of sale, has been operated less than forty thousand miles, ninety days or three thousand seven hundred and fifty miles, whichever occurs first.”
web.archive.org
Leased vehicles
Yes, for leases of one year or more. A lessee gets back the lease payments made, minus a use deduction, or an identical replacement for the rest of the lease.
“''Lessee'', any person who acquires the right to possession of and use of a motor vehicle under a lease agreement for a term of not less than one year.”
web.archive.org
Deadlines
Protection period
1 year or 15,000 miles after original delivery of the new vehicle, whichever comes first. A replacement vehicle from the manufacturer gets a new 1 year or 15,000 mile period.
“''Term of protection'', one year or fifteen thousand miles of use from the date of original delivery of a new motor vehicle, whichever comes first”
web.archive.org
Time limit to file
State-certified arbitration must be requested within 18 months of delivery. The section sets no separate deadline for a lawsuit.
“if such arbitration is requested by the consumer within eighteen months from the date of original delivery to such consumer of a new motor vehicle”
web.archive.org
Steps
- Keep every repair order. Each visit to the dealer should give you a work order with the date, the mileage, what you reported and what they did. Ask for one every time, even when they find nothing. These papers are your case.
- Check the dates. 1 year or 15,000 miles after original delivery of the new vehicle, whichever comes first. A replacement vehicle from the manufacturer gets a new 1 year or 15,000 mile period. State-certified arbitration must be requested within 18 months of delivery. The section sets no separate deadline for a lawsuit.
- Tell the manufacturer in writing. The law asks for written notice. See written notice below.
- Use the dispute program if one is required. See arbitration below for whether you must go there before court.
- Ask for a refund or a replacement, or file. Send the letter, then file before the time limit if the manufacturer will not buy the vehicle back or replace it.
Written notice
The manufacturer gets one more chance to fix the defect, lasting up to 7 business days, once the repair or day limits are reached. The owner does not have to notify the manufacturer directly before asking for state arbitration.
“No consumer shall be required by any manufacturer, its agent or its authorized dealer to give notice directly to a manufacturer of the existence of any nonconformity before resorting to state-certified, new car arbitration.”
web.archive.org
Arbitration
Massachusetts runs state-certified new car arbitration through the Office of Consumer Affairs and Business Regulation. Manufacturers must take part if the owner asks within 18 months of delivery, and a decision is due within 45 days.
“All manufacturers shall submit to state-certified, new car arbitration, if such arbitration is requested by the consumer within eighteen months from the date of original delivery to such consumer of a new motor vehicle.”
web.archive.org
What you get
The manufacturer must refund the full contract price, including trade-in credit, sales tax, registration, finance charges and dealer-added options, minus a use deduction, or offer a replacement. The owner can always refuse a replacement and demand a refund.
“The consumer shall have an unqualified right to reject a manufacturer's offer of replacement and demand a refund.”
web.archive.org
Do it yourself
You can bring a lemon law claim without a lawyer. It takes letters, records and patience. The usual route:
- Put your repair orders in date order and count the attempts and the days out of service.
- Send the manufacturer the letter below, by a tracked method, to the address in your owner's manual or warranty booklet.
- If it offers a final repair, let it try within the time the law gives it.
- If it refuses or does not answer, file with the manufacturer's dispute program or the state program (Massachusetts Office of Consumer Affairs and Business Regulation (state-certified new car arbitration)), then court if you need to.
- Do not sell or trade in the vehicle while the claim is open.
Letter template for Massachusetts
[Your name] [Your address] [Date] [Manufacturer name] [Address from your owner's manual or warranty booklet] Re: Lemon law claim, [year make model], VIN [VIN] I bought (or leased) this vehicle on [date] from [dealer], in Massachusetts. It has a defect that the dealer has not been able to fix: [describe it in one or two sentences]. It has been in for repair of this defect [number] times, on [dates], and out of service for a total of [number] days. Copies of the repair orders are enclosed. Under Massachusetts Lemon Law (defective new motor vehicles) (Mass. Gen. Laws ch. 90, § 7N1/2 (new vehicles) and § 7N1/4 (used vehicles)), I ask you to repurchase or replace the vehicle. Please reply in writing within 15 days. I can bring the vehicle in for a final repair attempt if the law gives you one. [Your name] [Phone and email]
What a buyback pays in Massachusetts
The law asks for a reasonable allowance for your use without a fixed formula. Makers and courts often use the one several states write into law: the price times the miles driven before the first repair visit for the defect, divided by 120,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $2,000.
Questions people ask about Massachusetts's lemon law
How many repair attempts make a car a lemon in Massachusetts?
The car is presumed a lemon if the same defect has been repaired 3 or more times within the protection period and still exists or comes back.
How many days in the shop make a car a lemon in Massachusetts?
The car is presumed a lemon if it is out of service for repairs a total of 15 or more business days during the protection period.
How long does Massachusetts's lemon law cover a car?
1 year or 15,000 miles after original delivery of the new vehicle, whichever comes first. A replacement vehicle from the manufacturer gets a new 1 year or 15,000 mile period.
Which vehicles does Massachusetts's lemon law cover?
Motor vehicles sold or leased by a dealer or manufacturer. Motor homes, vehicles built mainly for off-road use and vehicles used mainly for business are excluded.
Does Massachusetts's lemon law cover used cars?
Yes, under a separate used car law (ch. 90, § 7N1/4). Dealers must give a written warranty on used cars: 90 days or 3,750 miles under 40,000 miles, 60 days or 2,500 miles from 40,000 to 79,999 miles, and 30 days or 1,250 miles from 80,000 to 124,999 miles.
Does Massachusetts's lemon law cover leased cars?
Yes, for leases of one year or more. A lessee gets back the lease payments made, minus a use deduction, or an identical replacement for the rest of the lease.
Do I have to tell the manufacturer in writing?
The manufacturer gets one more chance to fix the defect, lasting up to 7 business days, once the repair or day limits are reached. The owner does not have to notify the manufacturer directly before asking for state arbitration.
Do I have to go to arbitration before court?
Massachusetts runs state-certified new car arbitration through the Office of Consumer Affairs and Business Regulation. Manufacturers must take part if the owner asks within 18 months of delivery, and a decision is due within 45 days.
How long do I have to file a lemon law claim in Massachusetts?
State-certified arbitration must be requested within 18 months of delivery. The section sets no separate deadline for a lawsuit.
What do I get if my car is a lemon in Massachusetts?
The manufacturer must refund the full contract price, including trade-in credit, sales tax, registration, finance charges and dealer-added options, minus a use deduction, or offer a replacement. The owner can always refuse a replacement and demand a refund.
How much is taken off a buyback for the miles I drove?
The law asks for a reasonable allowance for your use without a fixed formula. Makers and courts often use the one several states write into law: the price times the miles driven before the first repair visit for the defect, divided by 120,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $2,000.
Who pays the lawyer in a Massachusetts lemon law case?
If the manufacturer appeals a state arbitration award and the owner wins, the owner is awarded reasonable attorney fees and costs. Breaking this law also counts as an unfair or deceptive act under the state consumer protection law, Chapter 93A. Massachusetts's lemon law shifts fees only in some cases, but federal warranty law lets an owner who wins make the maker pay the lawyer.
Can I keep driving my car during a lemon law claim?
Usually, yes. Keep it maintained and insured, and do not sell or trade it in while the claim is open: a buyback needs the car. If the defect makes it unsafe, stop driving it and tell the dealer and the maker in writing.
Do I need a lawyer for a lemon law claim?
No. You can bring a claim yourself. The steps and a letter template are on this page. A lawyer knows what makers offer in cases like yours and what the use deduction should be. Massachusetts's lemon law shifts fees only in some cases, but federal warranty law lets an owner who wins make the maker pay the lawyer.
Find a Massachusetts lemon law lawyer
If the manufacturer appeals a state arbitration award and the owner wins, the owner is awarded reasonable attorney fees and costs. Breaking this law also counts as an unfair or deceptive act under the state consumer protection law, Chapter 93A.
“In addition to any other recovery, any prevailing consumer shall be awarded reasonable attorneys' fees and costs.”
web.archive.org
Because the manufacturer usually pays the lawyer's fees when you win, most lemon law lawyers charge you nothing up front. A lawyer also knows what the manufacturer offers in cases like yours and what the use deduction should be.
Send the free case check below and we find a lemon law firm that takes Massachusetts cases like yours. The firm contacts you, and you decide whether to hire them.
Check your car against these numbers
Free, about ten taps. You see what Massachusetts's law says first. If you want, we find a lemon law firm that takes Massachusetts cases and they contact you.
Who pays the lawyer? Massachusetts's lemon law shifts fees only in some cases, but federal warranty law lets an owner who wins make the maker pay the lawyer.* * So most lemon law lawyers ask nothing up front. Some charge costs, or a share of a settlement: ask before you sign. You never pay us. More
Sources
- Mass. Gen. Laws ch. 90, § 7N1/2 (new vehicles) and § 7N1/4 (used vehicles), Massachusetts Lemon Law (defective new motor vehicles)
- Massachusetts Office of Consumer Affairs and Business Regulation (state-certified new car arbitration)
- Magnuson-Moss Warranty Act, 15 U.S.C. § 2310, the federal warranty law that also lets owners recover attorney fees.
Each quote above is copied from the page it links to, checked 2026-10-26. If a page has moved, the citation still finds the law.