Under the Massachusetts New Car Lemon Law (M.G.L. c. 90, § 7N½), you are protected for a Term of Protection of one year or 15,000 miles from delivery, whichever comes first. Within that window, your vehicle is presumed to be a "lemon" if a substantial defect has not been fixed after three or more repair attempts for the same problem, or if the vehicle has been out of service for repairs for a total of 15 or more business days. Once that threshold is met and you give the manufacturer one last chance to fix it, you are entitled to a full refund or a comparable replacement vehicle — minus only a limited allowance for the miles you drove before the defect was first reported.
Which vehicles and defects qualify
The New Car Lemon Law covers new motor vehicles — including cars, vans, trucks, and motorcycles — that were bought or leased in Massachusetts and used primarily for personal or family purposes. It also extends to demonstrator vehicles and certain leased vehicles. Vehicles used mostly for business, off-road vehicles, and auto homes (the living portion of an RV) generally fall outside this particular statute.
Not every flaw qualifies. The defect must be a substantial defect — one that impairs the vehicle's use, market value, or safety. A rattling cup holder or a faint squeak will not do it; failing brakes, a transmission that slips, persistent stalling, or a recurring electrical fault that endangers the driver clearly will. Problems caused by owner abuse, accident, neglect, or unauthorized modification are excluded.
How the repair-attempt and out-of-service rules work
Massachusetts gives manufacturers a "reasonable number of attempts" to repair, and the statute defines what reasonable means through two triggers:
- Three repair attempts for the same defect. The dealer or manufacturer's authorized repair facility must have had at least three chances to correct the identical substantial defect, and it remains unfixed.
- 15 business days out of service. The vehicle has been in the shop for repair of one or more substantial defects for a cumulative total of 15 or more business days during the Term of Protection.
Meeting either trigger creates a legal presumption that you have a lemon. Keep every repair order, invoice, and work record showing the dates the car was in the shop and the problem reported — this paperwork is the backbone of any claim.
The required final repair opportunity
Before demanding a refund, you must give the manufacturer a final chance to repair. Send written notice — ideally by certified mail, return receipt requested — informing the manufacturer that the qualifying repair attempts or out-of-service days have occurred. The manufacturer then has a short window (generally seven business days after receiving your notice) to make one last repair attempt. If the defect still is not fixed, your right to a refund or replacement is triggered.
Refund or replacement: what you actually get
If your vehicle qualifies, you may choose between a refund or a comparable replacement vehicle. A refund includes the full contract price plus credits and collateral charges such as sales tax, registration fees, finance charges, and certain incidental costs.
The manufacturer is allowed to subtract a reasonable allowance for use. Massachusetts caps this deduction with a statutory formula: the purchase price multiplied by the number of miles the vehicle was driven before you first reported the defect, divided by 100,000. Because the deduction is tied to miles driven before the problem appeared — not total miles — reporting defects promptly protects more of your money.
State-run arbitration: a faster alternative to court
Massachusetts operates a state-certified arbitration program for new car lemon law disputes, administered through the Office of Consumer Affairs and Business Regulation. Arbitration is generally faster and cheaper than a lawsuit, and a manufacturer is bound by an arbitrator's decision in your favor. You typically must request arbitration within the Term of Protection or shortly after it ends, so do not wait. You can still pursue a private lawsuit if you prefer, and a court may award reasonable attorney's fees to a consumer who prevails.