Massachusetts lemon laws are stated in Laws of Massachusetts, Part I, Title XIV, Chapter 90 (Motor Vehicles and Aircraft). According to Chapter 90 Section 7N1/2, nonconformity is defined as a general or specific defect(s) that substantially affects safety, market value or use of the vehicle. The period within which the buyer should notify the nonconformity and the manufacturer should repair the vehicle is either within one year of vehicle’s operation or completion of 15,000 miles in the odometer from the date of delivery, whichever happens earlier.
If the manufacturer is not able to repair the motor vehicle after reasonable attempts, the manufacturer will have to replace the vehicle with a new comparable vehicle or repurchase and refund the price of the vehicle. When making refund, the manufacturer should pay the full purchase price which include all allowances and credits relating to a vehicle trade after reducing the cash price (if any) made by the manufacturer to the buyer to resolve the dispute, and an amount towards the use of vehicle by the buyer before discovering the nonconformity.
ALM GL ch. 90, § 7N1/2 reads:
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“(2) If a motor vehicle does not conform to any applicable express or implied warranty, and the consumer reports the nonconformity to the manufacturer of the vehicle, its agent or its authorized dealer during the term of protection, the manufacturer, its agent or its authorized dealer shall effect such repairs as are necessary to conform the vehicle to such warranty.
(3) If the manufacturer, its agent or authorized dealer does not conform the motor vehicle to any such applicable express or implied warranty by curing any nonconformity after a reasonable number of attempts, the manufacturer shall accept return of the vehicle from the consumer. In instances in which a vehicle is sold and subsequently returned, the manufacturer shall refund the full contract price of the vehicle including all credits and allowances for any trade-in vehicle, less any cash award that was made by the manufacturer in an attempt to resolve the dispute and was accepted by the consumer, and a reasonable allowance for use, or shall offer to replace the vehicle. In instances in which a vehicle is leased and subsequently returned, the manufacturer shall refund all payments made by the consumer to the manufacturer under the terms of the lease agreement less any cash award that was made by the manufacturer in an attempt to resolve the dispute and was accepted by the consumer, and a reasonable allowance for use, or shall offer to replace the vehicle. The consumer shall have an unqualified right to reject a manufacturer’s offer of replacement and demand a refund. In instances in which a vehicle is replaced by a manufacturer under the provisions of this section, said manufacturer shall reimburse the consumer for any fees for the transfer of registration or any sales tax incurred by the consumer as a result of such replacement….”
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