Used Car Lemon Law in Massachusetts - Free legal representation in Massachusetts - Davis Consumer Law Firm

Massachusetts Used Car Lemon Law

Massachusetts's Used Car Lemon Law provides consumer protection for those who purchase used cars in the state of Massachusetts. The law covers both used car dealers and private party sales. Additional protection is available under the Massachusetts Lemon Aid Law. Under this law, a buyer can void the purchase of a motor vehicle if the vehicle fails to pass a state inspection within seven days of the purchase and the failed inspection required repair costs of more than 10% of the vehicle's purchase price to pass inspection. The defects cannot be a result of abusive or negligent operation of the motor vehicle or an accident or damage that occurred after the sale.

If you do not have a qualified used "lemon", breach of warranty (Magnuson-Moss Warranty Act) may be applied. Best way to prove the vehicle is defective is by saving all documentation from repair attempts and discussions with the dealer.


Qualifications for Massachusetts Lemon Law Coverage for Used Cars

Dealer Responsibilities:

Massachusetts's used car lemon law requires dealers to provide an express written warranty to buyers who purchase a used vehicle with fewer than 125,000 miles at a purchase price of $700 or more. The length of these warranties depends on the used vehicle's mileage at the time of sale:

Miles at Purchase Duration of Warranty
Less than 40,000 90 days or 3,750 miles
40,000-80,000 60 days or 2,500 miles
80,000-125,000 30 days or 1,250 miles

If the vehicle experiences the same defect three times during the express warranty period or if the vehicle is in the shop 10 cumulative business days during this period, the consumer is entitled to a full repurchase, minus a mileage offset of $.15/mile.

Private Party Responsibilities:

A private party who sells a consumer a used vehicle must tell the buyer about any known use or safety defects. If the buyer discovers a defect which impairs the safety or substantially impairs the use of the vehicle, and can prove the seller knew about it, then the buyer can return the vehicle within 30 days of purchase. Private parties are bound by this law, regardless of the age or selling price of the vehicle.

Consumer Responsibilities:

Important Note: Motor vehicle inspection stickers are not transferable to a new owner. When you buy a used motor vehicle, you must bring it to a licensed Massachusetts inspection station within seven days of registering it. This is true even if there is an unexpired sticker on the car. If you bought the car from a dealer, don't have the dealer do the inspection for you. Take the car to an independent inspection station yourself so that you can be sure you are getting an objective inspection.

To find an inspection station in your area, call the state's toll free hotline at (877) 387-8234, or visit the Enhanced Emissions and Safety Test web site at www.vehicletest.state.ma.us/