Key takeaways
- Protection period: term of protection: 1 year or 15,000 miles from original delivery, whichever comes first (new term for a replacement vehicle).
- Repair attempts: same nonconformity subject to repair 3 or more times within the term of protection and it continues to exist or recurs.
- Days out of service: cumulative total of 15 or more business days out of service for repair of any nonconformity during the term of protection.
- Deadline: § 7N½ states no separate lawsuit deadline; state-certified arbitration must be requested within 18 months of original delivery. Used-vehicle claims under § 7N¼ must be commenced within 2 years of original delivery.
- The law is Mass. Gen. Laws ch. 90, § 7N½ (new); ch. 90, § 7N¼ (used). Read it with your repair orders and your warranty in front of you.
On this page
Massachusetts's lemon law is Mass. Gen. Laws ch. 90, § 7N½ (new); ch. 90, § 7N¼ (used), the Massachusetts Lemon Law (new and leased vehicles, G.L. c. 90 § 7N½; used vehicles, G.L. c. 90 § 7N¼). It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
Massachusetts lemon law at a glance
| Statute | Mass. Gen. Laws ch. 90, § 7N½ (new); ch. 90, § 7N¼ (used) |
|---|---|
| Official name | Massachusetts Lemon Law (new and leased vehicles, G.L. c. 90 § 7N½; used vehicles, G.L. c. 90 § 7N¼) |
| Vehicles covered | Motor vehicles sold, leased or replaced by a dealer or manufacturer, including motorcycles. Excludes auto homes, vehicles built primarily for off-road use, and vehicles used primarily for business purposes. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | Term of protection: 1 year or 15,000 miles from original delivery, whichever comes first (new term for a replacement vehicle). |
| Repair attempts | Same nonconformity subject to repair 3 or more times within the term of protection and it continues to exist or recurs. |
| Days out of service | Cumulative total of 15 or more business days out of service for repair of any nonconformity during the term of protection. |
| Notice to the manufacturer | The manufacturer gets one additional opportunity to cure, not to exceed 7 business days, starting when it knows or should have known the repair or days limits were met. A consumer cannot be required to give notice directly to the manufacturer before using state-certified arbitration. |
| Dispute programs | State-certified new car arbitration, run through the Office of Consumer Affairs and Business Regulation, which manufacturers must submit to if the consumer requests it within 18 months of original delivery; a finding issues within 45 days. The statute does not make arbitration a precondition to a c. 93A claim. Used vehicles have state-certified used car arbitration, requested within 6 months of delivery. |
| Deadline to bring a claim | § 7N½ states no separate lawsuit deadline; state-certified arbitration must be requested within 18 months of original delivery. Used-vehicle claims under § 7N¼ must be commenced within 2 years of original delivery. |
| Remedies | Refund of the full contract price (including trade-in credits) or lease payments, plus sales tax, registration, finance charges, dealer-added options, and towing/rental costs, less a reasonable allowance for use; or replacement, which the consumer may reject in favor of a refund. Use allowance = price x miles before return / 100,000 (25,000 for motorcycles). |
| Attorney's fees | Yes. If a state arbitration award is upheld on appeal, any prevailing consumer shall be awarded reasonable attorneys' fees and costs; violations are also unfair or deceptive acts under c. 93A. § 7N¼ likewise awards fees to a prevailing consumer. |
| Used vehicles | Yes. Under § 7N¼, dealers must give a written warranty on used vehicles (duration based on mileage: 90 days/3,750 miles under 40,000 miles; 60 days/2,500 miles for 40,000 to under 80,000; 30 days/1,250 miles for 80,000 to under 125,000). If the dealer fails to repair the same defect in 3 attempts or the vehicle is out of service more than 10 business days, the dealer must repurchase. Excludes vehicles sold for less than $700 and motorcycles. |
Does your vehicle qualify in Massachusetts?
The law covers motor vehicles sold, leased or replaced by a dealer or manufacturer, including motorcycles. Excludes auto homes, vehicles built primarily for off-road use, and vehicles used primarily for business purposes. The protection period is term of protection: 1 year or 15,000 miles from original delivery, whichever comes first (new term for a replacement vehicle). Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: Same nonconformity subject to repair 3 or more times within the term of protection and it continues to exist or recurs.
- Days out of service: Cumulative total of 15 or more business days out of service for repair of any nonconformity during the term of protection.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
The manufacturer gets one additional opportunity to cure, not to exceed 7 business days, starting when it knows or should have known the repair or days limits were met. A consumer cannot be required to give notice directly to the manufacturer before using state-certified arbitration.
State-certified new car arbitration, run through the Office of Consumer Affairs and Business Regulation, which manufacturers must submit to if the consumer requests it within 18 months of original delivery; a finding issues within 45 days. The statute does not make arbitration a precondition to a c. 93A claim. Used vehicles have state-certified used car arbitration, requested within 6 months of delivery.
Deadline: § 7N½ states no separate lawsuit deadline; state-certified arbitration must be requested within 18 months of original delivery. Used-vehicle claims under § 7N¼ must be commenced within 2 years of original delivery.
State resource: Massachusetts Office of Consumer Affairs and Business Regulation (OCABR) - Lemon Law Arbitration Program.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
Refund of the full contract price (including trade-in credits) or lease payments, plus sales tax, registration, finance charges, dealer-added options, and towing/rental costs, less a reasonable allowance for use; or replacement, which the consumer may reject in favor of a refund. Use allowance = price x miles before return / 100,000 (25,000 for motorcycles). Yes. If a state arbitration award is upheld on appeal, any prevailing consumer shall be awarded reasonable attorneys' fees and costs; violations are also unfair or deceptive acts under c. 93A. § 7N¼ likewise awards fees to a prevailing consumer. Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Massachusetts's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your Massachusetts vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in Massachusetts?
Under Mass. Gen. Laws ch. 90, § 7N½ (new); ch. 90, § 7N¼ (used), the presumption is met when same nonconformity subject to repair 3 or more times within the term of protection and it continues to exist or recurs. The law also counts time in the shop: cumulative total of 15 or more business days out of service for repair of any nonconformity during the term of protection.
How long do I have to file a lemon law claim in Massachusetts?
§ 7N½ states no separate lawsuit deadline; state-certified arbitration must be requested within 18 months of original delivery. Used-vehicle claims under § 7N¼ must be commenced within 2 years of original delivery. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the Massachusetts lemon law cover used cars?
Yes. Under § 7N¼, dealers must give a written warranty on used vehicles (duration based on mileage: 90 days/3,750 miles under 40,000 miles; 60 days/2,500 miles for 40,000 to under 80,000; 30 days/1,250 miles for 80,000 to under 125,000). If the dealer fails to repair the same defect in 3 attempts or the vehicle is out of service more than 10 business days, the dealer must repurchase. Excludes vehicles sold for less than $700 and motorcycles. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the Massachusetts lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in Massachusetts?
The manufacturer gets one additional opportunity to cure, not to exceed 7 business days, starting when it knows or should have known the repair or days limits were met. A consumer cannot be required to give notice directly to the manufacturer before using state-certified arbitration. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in Massachusetts?
State-certified new car arbitration, run through the Office of Consumer Affairs and Business Regulation, which manufacturers must submit to if the consumer requests it within 18 months of original delivery; a finding issues within 45 days. The statute does not make arbitration a precondition to a c. 93A claim. Used vehicles have state-certified used car arbitration, requested within 6 months of delivery.
Can I recover attorney's fees under the Massachusetts lemon law?
Yes. If a state arbitration award is upheld on appeal, any prevailing consumer shall be awarded reasonable attorneys' fees and costs; violations are also unfair or deceptive acts under c. 93A. § 7N¼ likewise awards fees to a prevailing consumer. We explain exactly how fees work in your case before you sign anything.