Mass Lemon Law: Your Rights

2008-11-05 12:25:47

( Legal )



Lemon laws are American state laws that provide a remedy for purchasers of cars that repeatedly fail to meet standards of quality and performance. These cars are called lemons. The federal lemon law protects citizens of all states. State lemon laws vary by state and may not necessarily cover used or leased cars. The rights afforded to consumers by lemon laws may exceed the warranties expressed in purchase contracts.

Lemon law is the common nickname for these laws, but each state has different names for the laws and acts - North Carolina lemon Law, Massachusetts lemon law or Mass lemon law, or NJ lemon law. Lemon law California covers anything mechanical, as do the federal lemon laws. The federal lemon law also provides that the warranter may be obligated to pay your attorney fees if you prevail in a lemon law suit, as do most state lemon laws.

The Massachusetts lemon law or Mass lemon law applies to any new car, truck or motorcycle purchased or leased for personal or family purposes from a new-car dealer in the state. The law protects consumers whose vehicles suffer a significant defect in the first 15,000 miles or 1 year, whichever comes first, and cannot be fixed despite three or more repair attempts. The Mass lemon law also protects consumers whose vehicles are in the shop 15 or more business days (Monday-Friday) within the first year. These days do not have to be consecutive.

The maximum remedy under the Mass lemon law is a repurchase of the vehicle, including taxes, tags and finance charge, minus a small mileage offset. Other remedies include partial refunds and continued ownership of the vehicle and/or extended manufacturer warranty protection. The remedy is based upon the severity of the situation.

However, if the manufacturer will not refund your money or replace the vehicle, you have several options. You may seek mediation, arbitration, or file suite in court. Mediation allows both parties to reach a mutually agreeable resolution with the help of a facilitator. Mediation is voluntary, requiring both parties’ consent. Arbitration is an inexpensive and informal way to resolve your complaint. In arbitration, the consumer and the manufacturer present evidence about the condition of the vehicle to an impartial person or persons. You have the right to proceed to court if you have met the Lemon Law’s requirements and the manufacturer refuses to refund your money or replace your vehicle with one that is acceptable to you, or if you are not satisfied with your arbitration decision.

As a consumer, you have the rights to be protected of your interests, and failure to comply with the Mass lemon law is an unfair and deceptive act under the Massachusetts Consumer Protection.


All rights Reserved © Tradenet Services srl
Do not duplicate or redistribute in any form.