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Massachusetts Lemon Law FAQ

Massachusetts Lemon Law

Massachusetts Lemon Law
Answers To Frequently Asked Questions

How does the MA Lemon Law work?

The Massachusetts Lemon Law covers drivers whose vehicles suffer a nonconformity or defect within the first 12 months or 15,000 miles, whichever comes first, that can't be repaired after repeated attempts (normally 3) by the manufacturers authorized dealership. Review the statute and a summary of the Massachusetts Lemon Law.

Does a problem always need to occur three times to be considered a lemon?

Not necessarily. If your car is in the shop 15 business days (Monday-Friday) or more in the first year, consecutive or not, we can file a claim under the Law. Likewise, if you are experiencing paint problems; the same kind of problem (electrical, water leak in the back versus water leak in the front, front brakes and then back brakes and then front brakes again); or a significant problem that has occurred twice, we welcome you to submit your information for our consideration. We handle each case separately and we have made exceptions in the past.

What happens if I fall outside the Lemon Law provisions before my first problem exists? Does this mean I do not have a claim?

No. If you are having continuous problems and your car is under a manufacturer's warranty, we can still help under the Federal Magnuson Moss Warranty Act. Please let us know about your repairs and we will have someone from our firm contact you and explain your rights. The representation is still completely cost-free.

How does the MA Lemon Law offer cost-free representation?

While the Massachusetts Lemon Law Statute does not provide fee-shifting provisions for cost free representation, Kimmel & Silverman also uses additional state and federal statutes which do provide 100% cost free legal help. If the consumer prevails, the non-complying manufacturer must pay all attorney fees and legal costs on top of what you receive. If you submit a claim to Kimmel & Silverman, and we accept your case, you will not pay anything out of pocket, win or lose. The fee-shifting provision gives you equal footing when battling against a multi-billion dollar automobile manufacturer.

Are leased cars covered under the Massachusetts Lemon Law?

Yes, cars that are purchased and leased are both covered. Leased cars were added in July, 1997.

Are used cars covered under Massachusetts Lemon Law?

Yes. Used vehicles that are purchased in the Commonwealth come with express warranties. If the vehicle has has less than 40,000 miles, the express warranty is 90 days or 3,750 miles from date of purchase. If mileage is between 40,000-80,000, the warranty period is 60 days or 2,500 miles. If the mileage is between 80,000 miles and 125,000 miles, the express warranty is 30 days or 1,250 miles. If the consumer has the same defect three times during the express warranty or if the car is in the shop 10 cumulative business days (Monday-Friday) during this period, the consumer is entitled to a full repurchase, minus a mileage offset of $0.15 a mile.

Are motorcycles covered under the MA Lemon Law?

Yes. Motorcycles are covered under the Massachusetts statute.

What vehicles are not covered under the Massachusetts Lemon Law?

The following vehicles are not covered: auto-homes; vehicles built primarily for off-road use, vehicles used primarily for business purposes; vehicles with defects caused primarily by owner negligence, accidents, vandalism, or unauthorized repairs by someone other than the manufacturer-authorized dealership.

I have so many more questions. Who can I ask?

Ask away. Give us a call at 1-800-LEMON-LAW (1-800-536-6652) 24 hours a day or feel free to e-mail us and we will be glad to get back to you as soon as possible.


Read about the Massachusetts Lemon Law

Review the Massachusetts Lemon Law Statute

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