MA Lemon Law FAQ
Answers to Frequently Asked Questions
Here at LemonLaw.com, we receive plenty of questions about the Lemon Law in MA.. That's why we've assembled this in-depth FAQ to answer any questions you may have about the Lemon Law in Massachusetts, The Bay State.
Have a question you don't see answered below? Give us a call at 1-800-LEMON-LAW (1-800-536-6652). We're happy to help you with an answer.
- Who does this Lemon Law cover?
- Does a problem always need to occur three times to be considered a lemon?
- What if my first problem occurs outside of 12 months and/or 15,000 miles?
- How does this Lemon Law offer cost-free representation?
- Does this Lemon Law cover leased cars?
- Does this Lemon Law cover used cars?
- Does this Lemon Law cover motorcycles?
- What vehicles are not covered under this Lemon Law?
- What if I have more questions about this Lemon Law?
Who does the MA Lemon Law cover?
The Lemon Law in MA 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 three) by the manufacturers authorized dealership.
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 and every case separately and have made exceptions in the past.
What if my first problem occurs outside of 12 months and/or 15,000 miles?
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.
Does this Lemon Law cover leased cars?
Yes, cars that are purchased and leased are both covered under the MA Lemon Law. Leased cars were added to the Law in July, 1997.
Does this Lemon Law cover used cars?
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 and 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.
Does this Lemon Law cover motorcycles?
Yes. Motorcycles are covered under the Lemon Law Statute.
What vehicles are not covered under this Lemon Law?
The MA Lemon Law does not cover:
- 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.
What if I have more questions about the MA Lemon Law?
Give us a call at 1-800-LEMON-LAW (1-800-536-6652) 24 hours a day, or feel free to email us, and we will be glad to get back to you as soon as possible.