Massachusetts Used Car Lemon Law

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Northeast Legal Aid
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If you buy a used car or other vehicle in Massachusetts, there are laws designed to protect you from dishonest salespeople. These laws are known as the “Lemon Laws.” They protect you when salespeople sell you a car with serious issues or a car that is different from what they advertised. The protections are stronger if you bought your car from a dealer, but also apply if you bought your car from a private seller. 

These laws do not apply to leased cars. They only apply to bought cars. But they can apply if you used a loan to buy your car.

Did I buy from a dealer or a private seller?

The answer to this question is not always obvious. If you bought your car from a storefront or from a lot full of cars with stickers and prices on them, it’s probably safe to assume you bought your car from a dealer. Most of these places call themselves dealerships but even if they don’t, they still are. They should know about the warranties they have to give with each car they sell. 

But, there are also car dealers that are less obvious. Anyone who sells more than 3 cars in a year is a car dealer1. This includes people who “flip” cars online, even if they tell you they are a private seller. Resale sites like Craigslist and Facebook Marketplace are full of unlicensed dealers, and many of them are not honest about this. Some of these sellers try to claim their cars are sold “as is,” but this is not usually true. 

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I bought my car from a dealer:

Mandatory Warranty

If you bought your used car from a dealer, and that car cost more than $700, you get a mandatory express warranty on that car. That means they must give you a warranty, or guarantee repair or replacement of the car, within a certain time period. They are supposed to tell you about the warranty. This warranty covers the full cost over $100 of both parts and labor to repair anything wrong with the car that makes it unsafe or unusable. 

The length of the warranty depends on the number of miles that were on the car when you bought it. The warranty expires when you go over a certain number of miles or days, whichever comes first2

You have 5 days from the end of the warranty period to give the car back to the dealer to repair it3. If the dealer did not tell you about the warranty, the warranty period starts when you are told4.

How long does my warranty last?
Miles on CarLength of Warranty (Miles)Length of Warranty (Days)
Under 40,0003,75090
40,000-79,9992,50060
80,000-124,9991,25030

The mileage at the time of the sale should be written on the title. If your car has a working odometer, that should tell you the current mileage. If you don’t know a car’s mileage for any reason, this is the rule used:

  • Cars under 3 years old are assumed to have under 40,000 miles
  • Cars 3 — 6 years old are assumed to have between 40,000 and 79,999 miles
  • Cars older than 6 years old are assumed to have between 80,000 and 124,999 miles

There is no mandatory warranty beyond this mileage, but the car must still be able to pass inspection. See “Failed Inspection.”

These warranties are “tolled” (paused) when the car is getting repairs to make it safe and/or useable. This means that the time the car is in the shop does not count toward the date when the warranty expires. The warranty period is also extended 30 days from the date when repairs are finished if it would otherwise have expired. But, it is only extended for the problem that was being fixed.

The dealer has 3 tries or 10 business days to fix the problem. If they can’t, the dealer must refund you the purchase price. The refund amount may be slightly less based on “reasonable use” charges. They can subtract 15 cents or less per mile that you put on your car since buying it5.

If the dealer who sold you the car refuses to repair it or refund the money to you, that is considered an “unfair and deceptive act.” Under a Massachusetts law known as 93A, you can write a demand letter to the person who sold you the car. You can also get help from a lawyer to write a demand letter. If the dealer ignores the letter or does not make a reasonable settlement offer, you may be able to get up to triple damages if you file a case in court. You can file a case by yourself or with a lawyer’s help.

If the claim is under $7,000, you may file it in Small Claims Court. This is easier and cheaper than District Court. You can also file for a state-run arbitration program to try to resolve the issue without going to court, but you may get back less money in damages.

If the dealer’s lies about the car don’t affect how the car works, their lies may not be Lemon Law violations. But, you still may be able to sue for “breach of contract” or “fraudulent misrepresentation.”

Motorcycles

The law doesn’t require dealers to give you a warranty on a used motorcycle. Used motorcycles do need to be able to pass inspection

Failed Inspection

Your car or other vehicle must be able to pass inspection when you buy it unless it was sold for parts or as needing repair. This applies even if your car has more than 125,000 miles on it. Minor repairs, which are less than 10% of the car’s sales price do not count.

To use this law, you must try to get the car inspected by a licensed inspection station within 7 days of buying it. Get a written statement of failure from the inspection station that says why your car didn’t pass. You also need a cost estimate from a mechanic or technician showing that repairs would cost more than 10% of the cost of the car. Tell the seller that you plan to return the car, and attach a copy of the statement of failure and cost estimate. It is best to send this letter by certified mail as well as regular mail and email. Then return the car7. You can get refunds of titling fees and taxes that you paid.

If the seller refuses to accept the car when you try to return it, you have a few options:

  • You can contact the Attorney General’s Office about mediation. Mediation is a way of trying to resolve your dispute without going to court.
  • You can also file a case in court, either by yourself or with a lawyer’s help. If the claim is under $7,000, you can file it in Small Claims Court, which is easier and cheaper than District Court.

I bought my car from a private seller:

Hidden Problems

Private sellers have to tell you if they know something is seriously wrong with the car. This can sometimes be hard to notice yourself. But if the car has obvious problems that the seller didn’t tell you about, and those problems make it hard to use or unsafe, you can void (cancel) the sale. This law applies even if your car has more than 125,000 miles on it.

You have 30 days from the date of the sale to return the car and get a refund if there is a serious problem with the car. The refund may be slightly smaller based on “reasonable use” charges. They can subtract 15 cents or less per mile that you put on the car since buying it. used it. If the seller won’t accept a return, you can file a claim against them in court. If the claim is under $7,000, you may file it in Small Claims Court which is easier and cheaper than District Court.

If the seller’s lies about the car don’t affect how the car works, their lies may not be Lemon Law violations. But you still may be able to sue for “breach of contract” or “fraudulent misrepresentation.”

Motorcycles

Motorcycles are not included in this law. But you still may be able to sue for “breach of contract” or “fraudulent misrepresentation” if there are hidden problems.

Failed Inspection

See “Failed Inspection” above. This law also applies when you buy a car from a private seller.

Endnotes
1:

M.G.L. 90, § 7N ¼ (1)

2:

M.G.L. 90, § 7N ¼ (2)

3:

M.G.L. 90, § 7N ¼ (3)

4:

M.G.L. 90, § 7N ¼ (4)

5:

M.G.L. 90, § 7N ¼ (3)

6:

M.G.L. 90, § 7N ¼ (6)

7:

M.G.L. 90, § 7N

8:

M.G.L. 90, § 7N ¼ (8)

9:

M.G.L. 90, § 7N ¼ (3)

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