Lemon Law
G.L. c. 90, § 7N1/2 — a refund or replacement after a reasonable number of repair attempts in the first year or fifteen thousand miles
If a new motor vehicle does not conform to an express or implied warranty, and the consumer reports the nonconformity to the manufacturer, its agent or its authorized dealer during the term of protection, they make the repairs needed to conform it. The term of protection is one year or fifteen thousand miles from original delivery, whichever comes first, and the same again for a replacement vehicle. A nonconformity is a defect or malfunction that substantially impairs the vehicle's use, market value or safety.
A reasonable number of attempts. The manufacturer has had a reasonable number of attempts when the same nonconformity has been repaired three or more times within the term of protection and continues or recurs, or the vehicle has been out of service for repairs for a cumulative total of fifteen or more business days during the term. The manufacturer then gets one additional opportunity, not exceeding seven business days, to cure it.
If the nonconformity is not cured, the manufacturer accepts the vehicle back and refunds the full contract price, including trade in credits, less a reasonable allowance for use, or offers a replacement. The consumer has an unqualified right to reject a replacement and demand a refund. A refund also covers incidental costs such as sales tax, registration fees, finance charges and dealer added options, and towing and rental costs where those were not provided free. For a leased vehicle, the refund is the payments made under the lease, less the same allowance.
The allowance for use is the contract price times the miles driven before the manufacturer accepted the return, divided by one hundred thousand, or by twenty-five thousand for a motorcycle. The consumer may keep using the vehicle until a full refund or an acceptable replacement is tendered.
A manufacturer must submit to state certified new car arbitration if the consumer asks within eighteen months from original delivery, and a finding is issued within forty-five days of the request. A manufacturer found to owe a refund or replacement delivers it within twenty-one days or appeals to the superior court with a bond. A prevailing consumer is awarded reasonable attorneys' fees and costs, and a consumer dissatisfied with the finding may bring a claim under the consumer protection act.
It is a defense that the nonconformity does not substantially impair use, value or safety, or results from owner negligence, an accident, vandalism, repair by someone other than the manufacturer or its dealers, or an unauthorized modification. Auto homes, off road vehicles and vehicles used primarily for business are not covered. The used car warranty law is a separate section, not covered here.
Sources for this section (1)
- G.L. c. 90, § 7N1/2 — Defective or malfunctioning new motor vehicles; repair, replacement or refund
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.