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Massachusetts Lemon Law

Massachusetts Lemon Law Attorneys

At RockPoint Law, lemon law is the whole practice. We act for Massachusetts drivers whose new vehicle keeps going back to the dealer for the same fault, whether that is a stall in the O'Neill Tunnel at rush hour or a drivetrain warning that reappears every time the car comes off the lift in Worcester. Massachusetts gives you a real remedy for that, and it runs through a state-certified arbitrator appointed by the Office of Consumer Affairs and Business Regulation rather than through a county courthouse. It also gives you less time than almost any state to use it.

All 351 Massachusetts cities and towns Three statutes, not one No fee unless we recover

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The Short Answer

The Massachusetts Lemon Law, in Brief

Yes, Massachusetts has a lemon law. If you bought or leased a new vehicle in Massachusetts and a warranty defect survives three repair attempts, or keeps the vehicle off the road for fifteen business days, the manufacturer has to buy it back or replace it, and you can refuse a replacement and insist on the money. The claim goes to a state-certified arbitrator appointed by the Office of Consumer Affairs and Business Regulation, and no manufacturer can make you jump through its own program first.

The statute is the Massachusetts New Car Lemon Law, M.G.L. c. 90 section 7N½, and the Office of Consumer Affairs and Business Regulation administers the arbitration program from 1 Federal Street in Boston under 201 CMR 11.00. The notice step here works differently from most states, and getting it wrong is what sinks claims. Section 7N½(5) stops a manufacturer requiring you to notify it of a defect before you go to state arbitration, so there is no Georgia-style mandatory notice form. What the manufacturer does have is a statutory right to one final repair attempt of no more than seven business days, and the regulation that governs the arbitration application asks you to certify you gave it that chance. So you do write to the manufacturer, and OCABR tells you to send it to the regional office by certified mail, but you are doing it to open the manufacturer's last window, not because anyone can make you ask permission first. That letter can still go out after the term of protection has already closed, which catches people out in the other direction.

Two clocks run in Massachusetts, both shorter than drivers expect, and they are the reason to move early. The term of protection is one year or 15,000 miles from delivery, whichever comes first, which is half of what Georgia allows. Every repair attempt you want counted has to fall inside it. Separately, section 7N½(6) compels the manufacturer to arbitrate only if you ask within eighteen months of delivery. Miss that and the state program closes; the chapter 93A route stays open, but you have lost the cheap, fast mechanism the legislature built for exactly this.

The law reaches new cars, trucks and vans bought, leased or replaced by a dealer or manufacturer, and a lease counts if it runs at least a year. It reaches motorcycles too, and the statute proves it by giving motorcycles their own offset denominator. It does not reach auto homes, vehicles built primarily for off-road use, or any vehicle used primarily for business. That is the whole list of carve-outs in section 7N½(1), which takes its definition of a motor vehicle from c. 90 section 1, and there is no weight limit in it anywhere. A used vehicle is not covered by section 7N½, but Massachusetts has two more statutes, and between them they are the part of Massachusetts law most people have never heard of.

The Used Vehicle Warranty Law, M.G.L. c. 90 section 7N¼, puts a statutory warranty on almost every used car a dealer sells here, and the warranty is owed by the dealer, not the manufacturer. How long it runs depends on the odometer at sale: 90 days or 3,750 miles under 40,000 miles, 60 days or 2,500 miles up to 80,000, and 30 days or 1,250 miles up to 125,000. At 125,000 miles or above there is no statutory warranty. Three failed repairs of the same defect, or more than ten business days out of service, and the dealer has to buy the car back at fifteen cents a mile.

The third one is the Lemon Aid Law, M.G.L. c. 90 section 7N, and it is the shortest and bluntest of the three. If a vehicle fails the Massachusetts safety inspection within seven days of the sale, and the repairs needed to pass would cost more than ten per cent of the purchase price, you can void the sale outright and get your money back, provided you notify the seller and return the vehicle within fourteen days, with the inspection station's written reasons and an estimate. It applies to new and used vehicles alike, it has no price floor and no mileage ceiling, and unlike the other two it reaches private-party sales. It covers only a vehicle bought for your own immediate personal or family use.

Where none of the three reaches, two things still do. The federal Magnuson-Moss Warranty Act has no mileage cap, no price floor and no vehicle-type exclusions, and it lets a consumer who finally prevails recover attorney fees. And the implied warranty of merchantability applies in Massachusetts even to a car sold under $700 or with more than 125,000 miles on it, which is why selling a car here "as is," "with all faults" or on a "50/50 warranty" is illegal.

Which of those routes fits your vehicle is the first real decision in a Massachusetts claim, and the answer turns on the odometer and the date rather than on how bad the defect is. Our guide to how to file a lemon law claim sets out the paperwork order, and the lemon law glossary explains the vocabulary.

If your vehicle keeps failing anywhere in Massachusetts, our team can read your repair history and tell you which test it meets.

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Eligibility

What Qualifies for the Lemon Law in Massachusetts?

Massachusetts spells out when the manufacturer has had a reasonable number of attempts to fix your vehicle. Section 7N½(4) sets two routes, and either one is enough on its own. Both have to happen inside the term of protection, the one year or 15,000 miles that starts on delivery, and both are followed by a repair window that belongs to the manufacturer rather than to you. Before you count anything, know what Massachusetts does not give you: there is no one-repair safety rule here. If you have read that somewhere, you were reading about another state.

Three Repairs of the Same Defect

The same nonconformity goes back for repair three or more times and is still not corrected. Section 7N½(4)(a) adds a condition that is easy to miss: the defect has to still exist, or to have come back, inside the term of protection, not merely to have been reported inside it. Georgia asks for three as well, but Georgia gives you two years to get there. Massachusetts gives you one.

A Massachusetts example A new SUV back at a Danvers dealer three times for the same transmission shudder, still shuddering at 11,000 miles

Fifteen Business Days Out of Service

The vehicle is off the road for repairs for a cumulative 15 business days inside the term of protection. This prong says any nonconformity, so unlike the three-repair route the days do not have to be for the same defect. And Massachusetts defines a business day in its own way: section 7N½(1) makes it any day the service departments of the manufacturer's authorized dealers are normally open for business, which is not the same as Monday to Friday and is not the same as Georgia's calendar days.

A Massachusetts example A pickup that sits at a Springfield service department across three visits for three unrelated faults and passes fifteen open days in total

The Manufacturer's Seven Business Days

Massachusetts gives the manufacturer one last chance that Georgia does not, and it cuts both ways. Once a threshold is met, section 7N½(4) gives the manufacturer one additional opportunity, not to exceed seven business days, to cure the defect. The clock starts on the day the manufacturer first knows or should have known the threshold was met, and it is allowed to run on after the term of protection has closed. In practice this is the step you write the letter for: no manufacturer can require that letter under section 7N½(5), but 201 CMR 11.02(2)(e) makes the arbitration application certify you gave the final chance, so the sensible move is certified mail to the manufacturer's regional office. At the end of the seven days you can collect the car whether or not it has been fixed. If the defect survives, the duty to refund or replace is live.

A Massachusetts example A third failed repair logged at 14,600 miles, a certified letter to the manufacturer's regional office, and the seven days running out with the shudder still there

Inside the Term of Protection, and Inside 18 Months

Two dates, and they do different jobs. The term of protection is one year or 15,000 miles from delivery, whichever comes first, and the defect has to appear inside it. Then section 7N½(6) gives you eighteen months from delivery to request state-certified arbitration, which is the deadline that actually closes the door. A Massachusetts driver can be comfortably inside the second and already outside the first.

A Massachusetts example A fault first written up at 14,200 miles on a car that commutes Route 128 daily and will pass 15,000 inside a fortnight

Meeting a test starts the analysis rather than finishing it. Next comes the manufacturer's seven business days, and then the arbitration application. A fifth question sits underneath all of this, and it is the one manufacturers fight on: whether the defect substantially impairs the vehicle's use, market value or safety. 201 CMR 11.11(9)(b) tells the arbitrator to look at the whole picture and gives a list of factors rather than a single hurdle, one of them being whether the vehicle is worth at least ten per cent less than it would have been without the defect. The same provision forbids one thing outright: the arbitrator may not take into account evidence that the defect could be fixed given another attempt after the hearing. Because all of this turns on records, keep every repair order, service invoice, and purchase or lease agreement from your Massachusetts dealership, with the drop-off and pick-up dates on each one. The dates matter more here than in most states, because fifteen business days is a short count and because a day the service department happens to be closed is a day that does not count against the manufacturer.

Not sure whether your repair history clears one of the tests? Send it over for a straight read.

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Where Your Case Is Heard

Filing From Massachusetts: The Arbitrator, the Courts, and the Deadlines

The question we hear most from Massachusetts drivers is whether a claim means a trip to Boston. Mostly not. A Massachusetts lemon law claim is an arbitration before it is anything else, and the application is a paper filing with a state agency rather than a complaint in a courthouse. Two things about it are unlike any neighboring state: the arbitrator is appointed by the Commonwealth rather than by the manufacturer, and the award binds the manufacturer without binding you.

A Consumer Agency, Not the Registry

Massachusetts splits these two jobs, and people lose weeks to it. The Lemon Law belongs to the Office of Consumer Affairs and Business Regulation, which appoints the arbitrators and takes the applications at 1 Federal Street in Boston. Your registration, title and license belong to the Registry of Motor Vehicles, which sits under MassDOT. OCABR says so on its own Lemon Laws page, in terms: it cannot help you with Registry services. A lemon law claim goes to the consumer agency.

The Arbitrator Is Appointed by the State

Section 7N½(6) is the heart of the Massachusetts system. A professional arbitrator or arbitration firm appointed by the director of consumer affairs and business regulation hears it, and every manufacturer must submit if the consumer asks within eighteen months of delivery. This is not the manufacturer's panel wearing a state badge. And it works the other way too: OCABR publishes that a manufacturer cannot require you to use its own program, and that you may come to state arbitration even if you have already been through the manufacturer's.

All or Nothing, in 45 Days

A state-certified arbitrator decides one question, and section 7N½(6) gives 45 days from OCABR's receipt of the request to answer it. OCABR spells out the limit on that power: the arbitrator cannot order a partial refund, further repairs, or an extension of your warranty. Either the vehicle meets the standard and you get a refund, or it does not and you get nothing from that forum. A manufacturer's own program can order the middle outcomes. The state one cannot, so which forum you choose decides what outcomes are available to you at all.

Appeals Go to Superior Court, with a Bond

A manufacturer that loses has 21 days to pay or to appeal to the Superior Court, and section 7N½(6) does not let it do the second cheaply: no appeal is heard unless the petition arrives inside those 21 days accompanied by a bond equal to the money award plus $2,500 for anticipated attorney fees, in cash or its equivalent, payable to you. If the court upholds the award, the consumer also collects $25 a day for each day the vehicle was out of use without a free comparable replacement. If the appeal had no reasonable basis, section 7N½(6) says the court shall double the award.

Two features of the Massachusetts system have no counterpart in a state where you sue first. The first is the asymmetry. A Massachusetts arbitration binds the manufacturer and does not bind you: section 7N½(6) gives a dissatisfied consumer the right to go on and file a claim under chapter 93A, the Commonwealth's consumer protection statute. The findings of fact do not vanish when you do, because the same subsection makes them prima facie evidence in any later action by either party. So a Massachusetts consumer who loses an arbitration has lost a round, and a Massachusetts consumer who wins one arrives in court holding a state arbitrator's findings.

The second is what happens if the manufacturer simply ignores an award. Section 7N½(7) turns that into an award of no less than two times actual damages unless the manufacturer proves the failure was beyond its control, and section 7N½(8) adds a fine of $5,000 a day from the twenty-second day, capped at $50,000 per violation, with the Attorney General taking over at eighty-one days. Very few state lemon laws price delay that explicitly.

The court route starts with a thirty-day letter

Section 9(3) of chapter 93A requires a written demand for relief at least thirty days before you file, unless the claim is a counterclaim or the manufacturer keeps no place of business or assets in the Commonwealth.

Get that letter right and it does double duty. Section 9(3) makes a bad-faith refusal to grant relief on demand a separate trigger for multiple damages of not less than two and up to three times actual damages, alongside the willful-or-knowing trigger. Fees are not discretionary either: section 9(4) awards a prevailing petitioner reasonable attorney fees and costs "irrespective of the amount in controversy."

How long you have to bring the court claim

Section 7N½ sets no limitation period of its own. A violation is an unfair or deceptive act under section 7N½(7), and c. 260 section 5A gives consumer protection actions four years from accrual. Section 5A names c. 90 section 7N and chapter 93A expressly, and it reaches section 7N½ through its "including but not limited to" clause.

A three-year figure is sometimes quoted for Massachusetts. No Massachusetts statute or decision supports it.

Which courthouse, and why it is rarely a federal one

It depends on the amount and on what you are asking for. A chapter 93A claim for money damages only can be brought in the District Court under section 9(3A), double and treble damages and fees included. The Superior Court takes it under section 9(1), and it is the court you need if you are asking for anything beyond money.

The $50,000 lines, in the state court and the federal one

The District Court route carries no equitable relief and no class claim. The Superior Court is subject to the floor in c. 212 section 3: an action may proceed there only if recovery is not reasonably likely to fall at or below the threshold, which the Supreme Judicial Court's standing order of 17 July 2019 raised from $25,000 to $50,000 with effect from 1 January 2020. In a lemon law case that sum is worked out on single damages: where multiple damages are allowed, single damages control the calculation.

Federal court is the exception rather than the rule. 15 U.S.C. section 2310(d)(3) keeps a Magnuson-Moss claim out of federal court below $50,000 exclusive of interest and costs, and most single-vehicle claims do not get there. The fee-shifting in section 2310(d)(2) applies just the same in a Massachusetts state court.

A used car changes the map again

Under section 7N¼(3)(A)(iii) the claim runs against the dealer rather than the manufacturer, the arbitration is state-certified used car arbitration, and the request is due within six months of delivery rather than eighteen.

How a used-car award is appealed, and the second clock on it

The arbitrator is appointed by the secretary of consumer affairs and business regulation, and the dealer's appeal may go to the District or the Superior Court on a bond of the award plus $500. That appeal is much narrower than a new-car one: the court may vacate the award only for corruption, fraud or undue means, evident partiality or arbitrator misconduct, or the arbitrators exceeding their powers. A used-car arbitration award in Massachusetts is considerably harder to unpick than a new-car one.

A second clock runs with it. Section 7N¼(13) gives a used-car court action two years from the original delivery of the used vehicle, where the new-car claim runs on chapter 93A's four.

Not sure which of those routes fits your vehicle? We sort that out in the first conversation, at no cost.

  • Bring your repair orders and the dates. That is usually enough to see whether your record clears the three-repair or the fifteen-day route.
  • You speak with the people who would work the file, not an intake desk.
  • Massachusetts closes the state arbitration door eighteen months after delivery, and the term of protection closes at one year or 15,000 miles. Timing matters more here than in most states.

Pick a time to the right and we can confirm it.

Pick a time that suits you

Video call or phone, wherever you are in Massachusetts. Tell us when and we can confirm it.








    A Massachusetts driver on the phone at home while a state-certified lemon law arbitration application is prepared and filed for them
    You Stay Put

    Most of a Massachusetts claim happens on paper

    People hear "state arbitration" and picture a day in Boston. The paperwork says otherwise. The arbitration application goes by post to the Lemon Law Arbitration Program at the Office of Consumer Affairs and Business Regulation, 1 Federal Street, Boston, and OCABR reviews it for eligibility and documentation before anything is scheduled. When a hearing is scheduled, OCABR holds it virtually, over Microsoft Teams. Nobody drives to Boston.

    We assemble the repair history, count the business days the way section 7N½(1) defines them, draft the final-repair letter to the manufacturer's regional office, watch the seven-day window, prepare and file the application, and deal with the manufacturer. Your part is the phone call that starts it.

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    How It Works

    The Lemon Law Process for a Massachusetts Driver

    A Massachusetts claim has fewer moving parts than Georgia's and tighter deadlines than most. There is no statutory notice form to get wrong. What there is instead is a short term of protection, an unusual way of counting days, a seven-day window that belongs to the manufacturer, and an eighteen-month door that shuts. Five steps, in the order a Massachusetts claim actually runs. For the form-by-form walkthrough, our guide to how to file a lemon law claim goes through each document in order.

    Sculpted marble figure reviewing an open warranty booklet, checking a vehicle against the one-year, 15,000-mile Massachusetts term of protection

    Check the Vehicle Is Covered, and Check Which Statute

    Massachusetts has two, and the odometer decides. A vehicle sold as new runs under section 7N½ against the manufacturer. A used vehicle runs under section 7N¼ against the dealer who sold it, on a warranty whose length depends on the mileage at sale. Section 7N½(1) excludes only auto homes, vehicles built primarily for off-road use, and vehicles used primarily for business, with no weight limit, and motorcycles are covered. Section 7N¼(1) excludes motorcycles and does not apply below $700. Getting this step wrong costs the claim, because the two statutes have different defendants, different deadlines and different offsets.

    Sculpted marble figure stacking repair orders on a service counter, the drop-off and pick-up dates a Massachusetts 15-business-day count is built from

    Document Every Repair Attempt, and Every Closed Day

    Massachusetts counts repairs of the same defect and business days out of service separately, so the paperwork has to support both. Every time the vehicle goes into a Massachusetts service department, get a repair order naming the complaint, the drop-off date, the date you collected it and what the shop did. Then understand what you are counting: section 7N½(1) makes a business day one on which the manufacturer's authorized dealers' service departments are normally open, so a Saturday the dealership trades can count, and a weekday it closes may not. Fifteen is a short number to reach and a short number to lose.

    Sculpted marble figure at a service bay watching a clock, the manufacturer's seven-business-day last chance to cure under the Massachusetts Lemon Law

    Give the Manufacturer Its Seven Business Days, in Writing

    Massachusetts has this step and Georgia does not, and people get it wrong in both directions. Once clause (a) or clause (b) is satisfied, section 7N½(4) gives the manufacturer one additional opportunity, not to exceed seven business days, to cure, starting the day it first knows or should have known, and it may run past the term of protection. Section 7N½(5) stops any manufacturer from requiring you to notify it first. But 201 CMR 11.02(2)(e) makes your arbitration application certify that you gave that final opportunity, and OCABR publishes a sample letter for it. So write it, send it certified mail with return receipt to the manufacturer's regional office, and keep the receipt. You can send it after the term of protection has closed. At the end of the seven days you may collect the vehicle fixed or not.

    Sculpted marble figure completing the Office of Consumer Affairs and Business Regulation arbitration application for a Massachusetts lemon law claim

    Apply for State-Certified Arbitration

    The application goes by post to the Office of Consumer Affairs and Business Regulation on its official form, and OCABR publishes separate applications for a purchased new car, a leased new car and a used car. There is no fee to apply; OCABR publishes that the consumer pays $300 to the state-certified arbitrator once a hearing is scheduled, and that the $300 comes back inside the repurchase award if the decision goes the consumer's way. The request has to reach OCABR within eighteen months of delivery for a new vehicle, or six months for a used one. OCABR screens for eligibility first and tells you why if it says no. One sequencing rule catches people: under 201 CMR 11.02(4), a consumer eligible for both programs has to go through new-car arbitration first, and may only turn to used-car arbitration if that fails.

    Two sculpted marble figures at a hearing table where a Massachusetts state-certified arbitrator decides a new car lemon law dispute

    The Decision, Then the 21 Days

    The arbitrator has 45 days to issue a written finding, and 201 CMR 11.03(3) runs that clock from the date OCABR accepts the request rather than the day you posted it. The manufacturer has to file a specific response within ten days, and 201 CMR 11.04(6) says a general denial will not do. If the finding goes your way, the manufacturer has 21 days from the day the decision was mailed to deliver the refund or replacement or to file an appeal in Superior Court with a bond of the award plus $2,500. Asking for a technical correction does not pause that clock. If it ignores both, section 7N½(7) puts it on the hook for no less than double actual damages and section 7N½(8) starts a $5,000-a-day fine on the twenty-second day. If the finding goes against you, you are not finished: section 7N½(6) preserves your right to bring a chapter 93A claim, and the arbitrator's findings of fact travel with you as prima facie evidence.

    Each of those five steps is a place a Massachusetts claim comes apart: a repair order that never named the defect, a fifteen-day count built on calendar days instead of open days, a third repair attempt logged at 15,400 miles, an application that reached Boston nineteen months after delivery. The short clocks are what make Massachusetts unforgiving. A Georgia driver who is slow loses months of cushion. A Massachusetts driver who is slow loses the claim.

    You can run this yourself, and some Massachusetts drivers do. The catch is that you would be learning the clock while the other side is already running it. No one can promise a result, and anyone who does is telling you something they cannot know. What a firm that handles these claims can do is keep the record clean and the dates intact.

    Outcomes

    What Compensation Can You Receive?

    When a Massachusetts claim succeeds, section 7N½(3) makes the manufacturer accept return of the vehicle and refund the full contract price including all credits and allowances for any trade-in, less a reasonable allowance for use, or offer a replacement instead. The choice is not really the manufacturer's. The same subsection gives the consumer an unqualified right to reject a replacement and demand the money, which is a stronger position than most states give.

    The offset is arithmetic, and the denominator is 100,000. Section 7N½(3) multiplies the total contract price by a reasonable allowance for use whose numerator is the number of miles the vehicle traveled before the manufacturer accepted its return.

    Two things follow from that fraction, and the second is the reason to move quickly. There is no mileage threshold deducted first, so the offset starts at mile one, where some states give you a free allowance before the meter runs. And the numerator keeps growing until the buyback actually closes, which is the opposite of Georgia, where the count freezes at the first repair visit. Miles you put on a Massachusetts car while the manufacturer drags its feet cost you money. A motorcycle is the exception in your favor, or rather against it: its denominator is 25,000, not 100,000, which on a machine with real mileage is a materially harsher deduction.

    On top of the price, section 7N½(3) reimburses incidental costs, naming sales tax, registration fee, finance charges and the cost of any options a dealer added, plus towing and reasonable rental costs where they were not made available free. A leased vehicle is refunded as all payments made under the lease, less the use allowance, and a replacement on a lease has to be an identical model for the remainder of the original term, with no new financing or lease obligations beyond the original ones.

    Sales tax is worth a sentence of its own, because the two Massachusetts statutes cut opposite ways on it. Section 7N½(3) reimburses it expressly on a new vehicle. On a used-vehicle repurchase, 201 CMR 11.11(11)(b)(8) excludes sales tax from the repurchase amount altogether, and OCABR sends consumers to the Department of Revenue for a separate abatement instead. The used-car figure also leaves out excise tax, lost wages and other consequential damages, while putting in some things people do not expect: the arbitration application fee, towing up to thirty miles from the breakdown, and alternative transport after the second day following each breakdown, capped at $15 a day.

    Fees are not a discretionary extra in Massachusetts, and they are also not where most people think they are. Section 7N½(6) says a prevailing consumer shall be awarded reasonable attorney fees and costs, "shall" rather than "may." That is the court. The arbitrator is a different matter: 201 CMR 11.11(11)(b)(8) excludes attorney fees from the incidental damages the repurchase figure is built from, so an arbitration award is not the place fees come from. Both halves are true at once: mandatory in court, unavailable from the arbitrator. If the manufacturer appeals without a reasonable basis, the court doubles the award. If the manufacturer ignores an award, section 7N½(7) sets a floor of twice actual damages. Where a claim runs on federal warranty law instead, 15 U.S.C. section 2310(d)(2) lets a consumer who finally prevails recover costs and attorney fees, and that applies in a Massachusetts state court just as in federal court.

    Outcomes depend on the specific facts of each case, so no attorney can promise a particular result.

    Possible Outcomes

    Repurchase

    full contract price and trade-in credits, less the statutory offset of miles divided by 100,000

    Replacement

    a comparable new vehicle, which you may reject outright in favor of the refund

    A corrected vehicle

    where the manufacturer's seven-business-day attempt under section 7N½(4) actually fixes the defect

    Incidental costs and delay damages

    sales tax, registration, finance charges, dealer-added options, towing, rental, and $25 a day out of use

    Attorney fees

    section 7N½(6) awards them to a prevailing consumer in court as a matter of course, and a baseless appeal doubles the award

    Vehicles We Handle

    Which Vehicles the Massachusetts Statutes Reach, and Which They Do Not

    Massachusetts is broader than most states here, and the surprise runs the other way from Georgia's. Section 7N½(1) draws only three lines, auto homes, vehicles built primarily for off-road use, and vehicles used primarily for business, and there is no weight limit anywhere in it. What catches people out instead is the split between the two statutes, because a vehicle the new car law covers generously may be handled by the used vehicle law on completely different terms. Where neither reaches, the federal Magnuson-Moss Warranty Act, 15 U.S.C. section 2301 and following, has no vehicle-type or weight limits at all. Pick a category to see where it stands.

    Cars, Vans and Light Trucks

    Covered, and the vehicles both statutes were written around. Massachusetts imposes no gross-weight ceiling, so a heavy-duty pickup bought for personal use sits inside section 7N½ where it would fall outside Georgia's 12,000-pound line. See our practice areas.

    Diesel Trucks

    No weight limit to clear. A diesel pickup is covered under section 7N½ unless it is used primarily for business, which is the line Massachusetts actually draws. Derate and DEF faults are the pattern we see most, and they support a federal claim as well. See our diesel emissions lemon law guide.

    Motorcycles

    Covered under the new car law, and section 7N½(3) proves it by giving motorcycles their own offset denominator of 25,000 instead of 100,000, which on a machine with real mileage is a materially harsher deduction. Then section 7N¼(1) excludes motorcycles from the used vehicle law by name. So a new motorcycle here is a lemon law case and a used one is a Magnuson-Moss and warranty case. Georgia excludes them from everything. See our motorcycle lemon law guide.

    RVs and Motorhomes

    Auto homes are excluded by name from both statutes, section 7N½(1) and section 7N¼(1). Massachusetts does not carve out a chassis the way Georgia does, because the exclusion is the whole vehicle. A defective motorhome here is a Magnuson-Moss, express warranty and chapter 93A case, and notice has to go to every known manufacturer. See our RV and motorhome lemon law guide.

    Used Vehicles

    A statute of their own. Section 7N¼ puts a dealer-backed warranty on a used car sold for $700 or more: 90 days or 3,750 miles under 40,000 miles at sale, 60 days or 2,500 miles to 80,000, 30 days or 1,250 miles up to but not including 125,000, and nothing at or above that. Three failed repairs of the same defect, or more than ten business days out of service, and the dealer buys it back at 15 cents a mile. Georgia has no equivalent statute at all. Above 125,000 miles the implied warranty of merchantability still applies, which is why an "as is" sale is illegal in Massachusetts.

    Electric Vehicles

    Covered on the same terms as any other new vehicle. Battery, charging, drive-unit and software faults are the patterns we see most, and a software fault that keeps returning is squarely a nonconformity that "has recurred" under section 7N½(4)(a). See our electric vehicle lemon law guide.

    Why RockPoint

    Why Massachusetts Drivers Choose RockPoint Law

    Lemon law and consumer warranty work is the whole of our practice. We act for drivers across Massachusetts, and because a Massachusetts claim is built on a repair record, a final-repair letter and a paper application to a state agency in Boston rather than on a local courthouse queue, the work runs the same way whether you are in Pittsfield or Provincetown.

    Lemon Law Is the Whole Practice

    This is not a side practice. Warranty and lemon law is what we do, day in and day out, for drivers with defective vehicles.

    All 351 Cities and Towns, Not Just Greater Boston

    A Massachusetts claim is filed on paper with a state agency in Boston, so where you live does not decide whether it is worth bringing. We take cases from Pittsfield to Provincetown, not only from inside Route 128.

    We Know Which Massachusetts Clock You Are On

    One year or 15,000 miles. Three repairs or fifteen open days. The manufacturer's seven business days. Eighteen months to apply, or six if the car was sold used, or fourteen days if it failed inspection in the first week. Massachusetts runs three separate vehicle statutes and most of its deadlines are shorter than Georgia's. We run the whole sequence.

    Clear Communication

    Straight updates at every stage of your case. No silent stretches and no surprises.

    No Upfront Legal Fees

    Qualifying cases run on contingency. You do not pay a fee unless we recover for you. Massachusetts also makes the manufacturer pay a prevailing consumer's fees in court as a matter of course.

    Side-by-Side

    Handling a Massachusetts Claim Alone vs With an Attorney

    Flip the switch to see the same four moments from both sides.

    Vehicle repair invoices spread across a kitchen table with a hand hovering over them
    On your own1 / 4

    Counting fifteen business days off a calendar instead of off the statute

    Section 7N½(1) does not mean Monday to Friday. A business day is any day the service departments of the manufacturer's authorized dealers are normally open, so a Saturday a dealership trades counts and a weekday it closes may not. Fifteen is a short count, and building it on the wrong definition is how a qualifying record reads as eleven or twelve days instead.

    A person on the phone at a home desk with a notepad of call notes
    On your own2 / 4

    Writing to the dealer, or skipping the final-repair letter altogether

    Section 7N½(5) means no manufacturer can demand a letter before you arbitrate, and plenty of people stop reading there. Then 201 CMR 11.02(2)(e) makes the arbitration application certify that the seven-business-day final cure was given. A claim that never opened that window, or opened it with the service adviser rather than the manufacturer's regional office, arrives at the application with nothing to certify.

    A wall calendar with deadline dates circled in red beside a set of car keys
    On your own3 / 4

    Applying at nineteen months, and finding the state program closed

    Section 7N½(6) compels a manufacturer to submit to state-certified arbitration only if the consumer asks inside eighteen months of original delivery. Past that the cheap, fast forum is gone and what remains is a chapter 93A action. On a used car the door is narrower still, because section 7N¼(3)(A)(iii) closes at six months.

    One person alone at the end of a long empty hearing room table
    On your own4 / 4

    Accepting a replacement because the manufacturer offered one

    Section 7N½(3) gives you an unqualified right to reject a replacement and demand the refund instead. Which one is worth more is arithmetic, and it turns on the divide-by-100,000 offset and on how many miles the car has done since delivery. Saying yes to the first offer on the table is how that arithmetic goes unexamined.

    Hands working through an organized stack of repair orders with a highlighter and index tabs
    With RockPoint Law1 / 4

    The days counted the way section 7N½(1) defines them, and documented

    We count the days the manufacturer's dealers' service departments were actually open, visit by visit, and we record why each day counts. Where the three-repair route is the stronger read, we take that instead.

    A certified mail envelope and return receipt card being prepared on a desk
    With RockPoint Law2 / 4

    The final-repair letter drafted to the regional office, by certified mail

    To the manufacturer, at the regional office OCABR points you at, with return receipt and a copy kept. That opens the seven business days, gives the application something to certify, and doubles as the chapter 93A demand if the claim ends up in court.

    An open case planner with color-coded deadline tabs being marked
    With RockPoint Law3 / 4

    Both arbitration doors checked against your delivery date

    We date everything from original delivery rather than from memory, file inside the eighteen months section 7N½(6) allows, and check the six-month section 7N¼ door as well if the vehicle was sold used. Where both programs are open, 201 CMR 11.02(4) says new-car arbitration goes first, and we sequence it that way.

    A bound exhibit folder open on a conference table
    With RockPoint Law4 / 4

    Refund against replacement worked out on the offset, before you answer

    We run the section 7N½(3) fraction on your actual mileage, add back the incidental costs the statute names, and tell you which of the two is worth more before anyone commits. Because the numerator runs to the manufacturer's acceptance of the return, the answer moves while the dispute does.

    Serving All 351 Cities and Towns

    On the Ground Across Massachusetts

    Massachusetts counted 7,029,917 residents in the 2020 census, packed into one of the smallest states in the country, and it governs itself through 351 cities and towns rather than through counties. Six of the fourteen counties no longer have a county government at all: M.G.L. c. 34B section 1 abolished Middlesex in 1997, Hampden and Worcester in 1998, Hampshire and Essex in 1999 and Berkshire in 2000. There is no unincorporated land anywhere in the state. That density is the whole character of driving here: short trips, heavy traffic, and more than 5.2 million registered vehicles on 36,894 miles of public road.

    It is a state that runs on cars in spite of itself. Commuters come down I-93 through the Thomas P. O'Neill Jr. Tunnel, a mile and a half of road from Kneeland Street to Causeway Street that took until 2003 to open northbound and southbound. They ring the tech corridor on Route 128 from Newton round through Waltham and Burlington to Peabody, cross the outer belt on I-495, and grind in on the Turnpike, 138 miles of I-90 from the New York border to Route 1A in East Boston. I-91 carries the Connecticut River valley north out of Springfield, I-290 spurs into Worcester, Route 24 runs south to Taunton and Fall River, the Braga Bridge has carried I-195 over the Taunton River for sixty years, and the Sagamore and Bourne Bridges are the only two road crossings of the Cape Cod Canal, which is why a Friday afternoon in July feels the way it does. The Leonard P. Zakim Bunker Hill Bridge, which MassDOT calls the widest cable-stayed bridge in the world at 1,432 feet and ten lanes, carries the rest of it over the Charles.

    Massachusetts does not build cars, and that shapes your claim. Where Georgia can point at an assembly line, Massachusetts cannot. The GM plant at Framingham turned out its last Buick Century on 1 August 1989 with about 2,100 people still on the line, and the 150-acre site was bought by Adesa in 1994 and converted into an indoor vehicle auction. The state's last car factory became a place where used cars change hands. What Massachusetts builds instead is what goes inside other people's vehicles: Factorial Energy develops solid-state EV batteries at Billerica and announced a facility at Methuen in 2022, Aspen Aerogels makes the PyroThin thermal-runaway barrier for battery packs at Northborough, and Nuvera builds hydrogen fuel-cell engines for medium and heavy-duty vehicles at Billerica. Every new car sold here was assembled somewhere else, which is exactly why the remedy runs through the warranty network and the dealer rather than through a home-state plant, and why section 7N¼ makes the dealer the defendant on a used car.

    The biggest employers here are hospitals, universities and instrument makers rather than assembly lines.

    Who Massachusetts actually employs

    Mass General Brigham is the largest private employer in the Commonwealth with more than 85,000 people across Boston and Somerville. Boston Children's sits on Longwood Avenue, Harvard employs 20,117 faculty and staff in Cambridge, Fidelity runs more than 80,000 associates from a Boston headquarters, and State Street is a few streets away.

    Thermo Fisher Scientific is at Waltham, Boston Scientific at Marlborough, Moderna and Biogen in Cambridge, TJX at Framingham, Analog Devices at Wilmington, and the UMass campuses reach Amherst, Worcester, Boston, Lowell and Dartmouth. Stop & Shop runs out of Quincy.

    One Massachusetts rule helps your claim in a way almost no other state's does. Every registered vehicle here is inspected every year, and a new purchase has to be inspected within seven days of registration. The program is Massachusetts Vehicle Check, run jointly by MassDEP and the Registry, the fee is $35, and there are about 1,800 licensed stations. That is a dated, state-mandated record of your vehicle's condition, generated annually and independent of the dealership that has been failing to fix the car. Most states produce nothing comparable. When we build a repair history, the inspection record is the second trail we pull, and it is also the trigger the Lemon Aid Law at section 7N runs on.

    The court map matters less here than in a state where you sue first, but you should know it. Civil jurisdiction in both the Superior Court and the District Court turns on the same $50,000 line, which makes the venue question simpler than it looks.

    Where the two courts sit, and which one takes your case

    The Superior Court has 82 justices sitting in 20 courthouses across all fourteen counties, and that is where a manufacturer's appeal from an arbitration goes. The District Court runs 62 courts with civil jurisdiction to $50,000 and small claims to $7,000, and that is where a used-car appeal may go and where a chapter 93A money-damages claim may be brought.

    We take Massachusetts lemon law claims from across the Commonwealth, including:

    • Boston
    • Worcester
    • Springfield
    • Cambridge
    • Lowell
    • Brockton
    • Quincy
    • Lynn
    • New Bedford
    • Fall River
    • Lawrence
    • Newton

    Those are the twelve largest municipalities on the Legislature's own 2020 Census table. We take cases from the towns as well, from Barnstable and Plymouth out to Pittsfield and North Adams, and the claim is built the same way wherever the car is garaged.

    How to reach us: RockPoint Law does not keep an office in Massachusetts, and a Massachusetts lemon law claim does not need one. The arbitration application goes to the Lemon Law Arbitration Program at the Office of Consumer Affairs and Business Regulation, 1 Federal Street, Suite 0720, Boston, and OCABR screens it before anything is scheduled. The quickest way to start is the online intake form, which we read the same day, or call (516) 550-3323. If you would rather follow the paperwork yourself first, OCABR publishes the application forms and its consumer guides and its hotline is 617-973-8787. Our guide to how to file a lemon law claim covers the order, how the lemon law works covers the basics, and our state guides for New York, New Jersey and Virginia show how differently the same problem is handled a few states away.

    RockPoint Law, statewide in Massachusetts Claims taken from all 351 Massachusetts cities and towns. Reviews below are firm-wide across every state we practice in, not Massachusetts-specific.
    Case Results

    Recent RockPoint Law Recoveries

    These figures come from our firm's published lemon law settlement record across brands. They are firmwide results, not Massachusetts outcomes, and they show what a well-documented defect claim can be worth when it is handled properly.

    $160,264: BMW X6

    Recovery on a vehicle plagued by engine, electrical, and suspension defects.

    $144,550: Porsche Macan

    Refund for a Macan with recurring suspension, drivetrain, electrical, and HVAC problems.

    $110,289: Rivian R1T

    Recovery after repeated electrical, drive-unit, and suspension failures on an electric pickup.

    Figures are drawn from our firm's published settlement record and are not specific to Massachusetts matters. Prior results do not guarantee or predict a similar outcome in any future case. See more RockPoint Law settlements →

    FAQ

    Massachusetts Lemon Law Questions

    The questions Massachusetts drivers ask us most, and what you should know before you send anything.

    Does Massachusetts have a lemon law?
    Yes, and it has three. The New Car Lemon Law is M.G.L. c. 90 section 7N½, and it makes the manufacturer refund or replace a vehicle whose defect survives three repair attempts or fifteen business days out of service. The Office of Consumer Affairs and Business Regulation appoints the arbitrators. The Used Vehicle Warranty Law at section 7N¼ puts a statutory warranty on almost every used car a dealer sells here, owed by the dealer rather than the manufacturer. And the Lemon Aid Law at section 7N lets you void a sale outright if the vehicle fails the state inspection within seven days and repairs would cost more than ten per cent of the price. Most people know the first and not the other two.
    What qualifies for the lemon law in Massachusetts?
    A vehicle qualifies when a defect that substantially impairs its use, market value or safety survives what section 7N½(4) calls a reasonable number of attempts. Massachusetts gives two ways to get there and either is enough: the same nonconformity repaired three or more times and still existing or recurring inside the term of protection, or the vehicle out of service for repair of any nonconformity for a cumulative fifteen or more business days. Both have to happen within one year or 15,000 miles of delivery. Massachusetts has no one-repair serious-safety shortcut of the kind Georgia gives, so one frightening failure is not enough on its own. Owner negligence, accident, vandalism, outside repair and unauthorized modification are all affirmative defenses under section 7N½(3).
    How many repair attempts does Massachusetts require?
    Three of the same defect, under section 7N½(4)(a), with a condition that is easy to miss. The defect has to still exist, or to have recurred, inside the term of protection, not merely to have been reported inside it. The alternative route counts days rather than visits: fifteen or more cumulative business days out of service for any nonconformity under section 7N½(4)(b), which does not require the same defect each time. Reaching either number is not the finish line. Section 7N½(4) then gives the manufacturer one additional opportunity of up to seven business days to cure, and that window opens when the manufacturer knew or should have known a threshold was met, which means it can open without you writing anything.
    What is the Massachusetts lemon law time frame?
    Two periods matter and people mix them up. The term of protection, defined in section 7N½(1), is one year or 15,000 miles of use from original delivery, whichever comes first, and the defect has to appear inside it. The deadline to act is separate: section 7N½(6) compels a manufacturer to submit to state-certified arbitration only if the consumer requests it within eighteen months of original delivery. A used vehicle is shorter again, because section 7N¼(3)(A)(iii) gives six months. The term of protection and the fifteen-day count stretch for war, invasion, fire, flood or other natural disaster, and for a qualifying strike, though section 7N½(4) says concurrent extensions do not accumulate. A replacement vehicle gets a fresh one-year, 15,000-mile term of its own.
    Do I have to write to the manufacturer before I file in Massachusetts?
    The honest answer is yes in practice, no in principle, and the distinction matters. Section 7N½(5) says no consumer shall be required by any manufacturer, its agent or its authorized dealer to give notice of a nonconformity before resorting to state-certified arbitration, so nobody can gate your claim behind a letter. But section 7N½(4) gives the manufacturer one final repair attempt of up to seven business days, and 201 CMR 11.02(2)(e) makes your arbitration application state that you gave it that opportunity. So you write, and OCABR publishes a sample letter and recommends certified mail to the manufacturer's regional office. You may send it after the term of protection has ended. A separate thirty-day demand letter is required before a chapter 93A court claim under section 9(3).
    Where is a Massachusetts lemon law case actually heard?
    In state-certified arbitration, before a professional arbitrator or arbitration firm appointed by the director of consumer affairs and business regulation under section 7N½(6). Every manufacturer must submit if the consumer applies within eighteen months of delivery. Applications go to the Lemon Law Arbitration Program at the Office of Consumer Affairs and Business Regulation, 1 Federal Street, Suite 0720, Boston. OCABR publishes that a manufacturer cannot require you to use its own program, and that you may use state arbitration even after going through the manufacturer's. The arbitrator issues a written finding within forty-five days of OCABR receiving the request. If you are dissatisfied with it, section 7N½(6) preserves your right to bring a chapter 93A claim instead.
    How much does Massachusetts lemon law arbitration cost?
    There is no fee to apply. OCABR publishes that the consumer pays $300 to the state-certified arbitrator once a hearing is scheduled, and that the amount is included in the repurchase award if the decision goes the consumer's way. That differs from Georgia, which charges nothing and funds its program from a three-dollar fee collected at the dealership. Attorney fees then work in two places at once. The arbitrator cannot put them in the repurchase figure, because 201 CMR 11.11(11)(b)(8) excludes fees from incidental damages. But in court they are mandatory: section 7N½(6) says a prevailing consumer shall be awarded reasonable attorney fees and costs, and a baseless appeal doubles the award. Anyone telling you Massachusetts does not award fees has read only half of that.
    Does the Massachusetts lemon law cover a used car?
    Not section 7N½, but two other statutes do. The Used Vehicle Warranty Law, section 7N¼, makes a dealer warrant parts and labor for any defect impairing safety or use, with the consumer paying no more than $100 in total. The length depends on the odometer at sale: ninety days or 3,750 miles under 40,000 miles, sixty days or 2,500 miles to 80,000, thirty days or 1,250 miles up to 125,000. At or above 125,000 miles, or below a $700 price, there is no statutory warranty. Three failed repairs, or more than ten cumulative business days out of service, and the dealer repurchases at fifteen cents a mile. The implied warranty of merchantability still applies either way, which is why selling a car "as is" is illegal here.
    Does it cover motorcycles, RVs or heavy pickups?
    Motorcycles yes, RVs no, heavy pickups yes. Section 7N½(1) carves out only three things, auto homes, vehicles built primarily for off-road use, and vehicles used primarily for business, so there is no gross-weight ceiling of the kind Georgia sets at 12,000 pounds. Motorcycles are plainly covered, because section 7N½(3) gives them their own offset denominator of 25,000 rather than 100,000. The catch is the other statute: section 7N¼(1) excludes motorcycles from the used vehicle law by name, so a used bike drops out. Auto homes are excluded from both statutes, with no chassis-only carve-in of the kind Georgia allows. Each of those vehicles can still support a federal Magnuson-Moss claim, which carries no weight limit and no vehicle-type exclusions at all.
    How is a Massachusetts buyback calculated?
    Section 7N½(3) refunds the full contract price including all credits and allowances for any trade-in, less any cash award you already accepted, and less a reasonable allowance for use. That allowance is arithmetic, not discretion: the total contract price multiplied by a fraction whose denominator is 100,000 and whose numerator is the miles the vehicle traveled before the manufacturer accepted its return. Nothing is deducted before mile one, and the numerator keeps growing until the buyback closes. Motorcycles use 25,000, a much harsher rate. Section 7N½(3) then reimburses sales tax, registration fee, finance charges and dealer-added options, plus towing and reasonable rental costs not provided free. A used car is calculated differently again: section 7N¼ sets the dealer's allowance at a flat fifteen cents a mile.
    What happens if the manufacturer ignores the arbitrator?
    Massachusetts prices that, explicitly. Section 7N½(6) gives the manufacturer twenty-one days from the finding to deliver the refund or replacement or to appeal in Superior Court, and no appeal is heard unless the petition arrives inside those twenty-one days with a bond equal to the award plus $2,500 for anticipated attorney fees, payable to you. Do neither and section 7N½(7) entitles a prevailing consumer to no less than twice actual damages unless the manufacturer proves the failure was beyond its control. Section 7N½(8) adds a fine of $5,000 a day from the twenty-second day, capped at $50,000 per violation, with the Attorney General taking over at eighty-one days. If an award is appealed and upheld, section 7N½(6) adds $25 a day for every day the vehicle sat out of use.
    What does a Massachusetts lemon law attorney cost, and what should I bring?
    We handle qualifying lemon law cases on contingency, so there is no upfront fee and no fee unless we recover for you. Massachusetts also makes the manufacturer pay: section 7N½(6) says a prevailing consumer shall be awarded reasonable attorney fees and costs, and chapter 93A section 9(4) awards them irrespective of the amount in controversy. For the first conversation, bring every repair order with the drop-off and pick-up dates, the purchase or lease agreement, the current odometer reading, and anything in writing from the dealer or manufacturer. Current mileage matters more here than in most states, because the offset runs to the day the manufacturer takes the car back rather than freezing at the first repair visit. You do not need any of it organized. We can work from what you have.
    Track record

    RockPoint Law, by the numbers

    $50M+**
    Recovered for clients
    3,000+‡
    Cases handled
    25+
    Years of combined experience
    97%*
    Resolution rate
    Free Consultation
    No attorney's fees unless we recover for you.†
    Start here

    Tell us what the car is doing in Massachusetts

    The same free case review the rest of the site uses. Three details about the vehicle, and how to reach you.

    • The year and make of your vehicle
    • What the dealer has already tried, and whether you paid for it
    • Your name, phone and email, and we read it the same day

    No cost, no obligation. Contacting RockPoint Law does not create an attorney-client relationship.

    Meet the Firm Behind Your Claim

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    What Our Clients Say

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    Meet the Team
    Behind RockPoint Law

    A dedicated team that stands with you through every step of your Lemon Law claim.

    Aaron Waldo
    Aaron Waldo
    Attorney
    U.S. Marine Corps veteran · Automotive background
    Liam Jones
    Liam Jones
    Attorney
    Licensed in New York & New Jersey
    Christian Garcia
    Christian Garcia
    Senior Case Manager
    Case management from intake through resolution
    Rudy Gutierrez
    Rudy Gutierrez
    Intake Manager
    First point of contact for new clients & case evaluations

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