Buying a used car can be a stressful experience, especially if the vehicle turns out to have hidden defects. Many consumers wonder if Massachusetts’ Lemon Law protects them when purchasing a used car. Fortunately, Massachusetts has a strong Lemon Law that covers both new and used vehicles.
In this article, we will explore Massachusetts’ Lemon Law, how it applies to used cars, and what legal protections are available if you buy a defective vehicle in the state.
Understanding Massachusetts’ Lemon Law
Massachusetts has a Lemon Law that provides protections for both new and used vehicles. The law is divided into two main parts:
1️⃣ The New Car Lemon Law – Covers new vehicles with substantial defects.
2️⃣ The Used Car Lemon Law – Protects consumers who buy used vehicles that turn out to be defective.
Since this article focuses on used cars, we will primarily discuss Massachusetts’ Used Car Lemon Law and the rights it grants to consumers.
What Is the Massachusetts Used Car Lemon Law?
The Massachusetts Used Car Lemon Law is found under Massachusetts General Laws Chapter 90, Section 7N ¼. This law protects buyers who purchase defective used vehicles from licensed dealers and private sellers.
What Vehicles Are Covered?
✔ Used cars, trucks, and motorcycles purchased in Massachusetts.
✔ Vehicles that cost $700 or more.
✔ Vehicles that have fewer than 125,000 miles at the time of sale.
✔ Defects that affect the safety or use of the vehicle.
🚫 What Vehicles Are Not Covered?
Vehicles with over 125,000 miles at the time of sale.
Leased vehicles.
Off-road vehicles (such as ATVs).
Private sales (except under limited circumstances).
How the Massachusetts Used Car Lemon Law Works
If a used car has a serious defect, Massachusetts’ Lemon Law requires the seller to:
1️⃣ Repair the Vehicle or Offer a Refund:
If a defect is discovered within 90 days or 3,750 miles (whichever comes first), the dealer must repair it for free or offer a refund.
If the problem cannot be fixed after three repair attempts, or the car is out of service for 10 or more days, the buyer may be entitled to a full refund.
2️⃣ Provide a Warranty (if sold by a dealer):
Massachusetts requires dealers to provide a warranty on used cars, depending on the mileage:
| Mileage at Time of Sale | Warranty Period |
|---|---|
| Less than 40,000 miles | 90 days or 3,750 miles |
| 40,000 – 79,999 miles | 60 days or 2,500 miles |
| 80,000 – 124,999 miles | 30 days or 1,250 miles |
🚨 Important: The dealer must repair any defect that affects the vehicle’s safety or use during the warranty period.
Does the Used Car Lemon Law Apply to Private Sales?
Yes, but only in limited cases. If you buy a used car from a private seller, you may still have protection under Massachusetts law if the seller knowingly misrepresented the car’s condition.
Under Massachusetts General Laws Chapter 93A, private sellers cannot commit fraud or deception when selling a vehicle. If a private seller fails to disclose known defects, the buyer may be able to sue for damages, repairs, or a refund.
What Defects Are Covered?
The Massachusetts Used Car Lemon Law covers serious defects that impair the vehicle’s use or safety.
✔ Engine and transmission issues.
✔ Steering or braking system failures.
✔ Frame or structural damage.
✔ Defective airbags or seatbelts.
✔ Major electrical system failures.
🚫 What Is NOT Covered?
- Minor defects (e.g., cosmetic issues, small dents, radio malfunctions).
- Problems caused by abuse, neglect, or improper maintenance.
- Accidents or damage occurring after the sale.
How to File a Massachusetts Lemon Law Claim for a Used Car
If you believe your used car qualifies as a lemon, follow these steps:
1. Notify the Dealer in Writing
- Inform the dealer about the defect and request a repair or refund.
- Send the notice by certified mail with a return receipt.
2. Allow the Dealer to Make Repairs
- The dealer has three repair attempts to fix the issue.
- If the car is in the shop for more than 10 days, you may qualify for a refund.
3. Request a Refund
- If the dealer cannot fix the defect, request a full refund.
- The refund must include the purchase price, registration fees, and taxes.
4. File a Complaint with the Massachusetts Attorney General
- If the dealer refuses to comply, you can file a complaint with the Massachusetts Consumer Protection Division.
5. Consider Arbitration or Small Claims Court
- Massachusetts offers a Lemon Law Arbitration Program to resolve disputes.
- If arbitration fails, you can file a lawsuit in Massachusetts Small Claims Court (for damages up to $7,000).
Other Legal Protections for Used Car Buyers in Massachusetts
Even if your used car does not qualify under the Lemon Law, you may have protection under other state and federal laws.
1. Massachusetts Consumer Protection Law (Chapter 93A)
- Protects buyers from fraudulent and deceptive sales practices.
- If a dealer or private seller misrepresents a car’s condition, the buyer can sue for damages.
- Violations can result in triple damages and attorney’s fees.
2. Federal Magnuson-Moss Warranty Act
- Protects consumers when a written warranty is provided.
- If a dealer refuses to honor a warranty agreement, the buyer can sue for damages.
3. Federal Odometer Fraud Protection Act
- Prevents odometer fraud (rolling back mileage).
- If a dealer misrepresents a car’s mileage, the buyer may be entitled to damages.
How to Avoid Buying a Lemon Used Car in Massachusetts
✔ Buy from a reputable dealer – Check reviews and complaints with the Better Business Bureau (BBB).
✔ Get a vehicle history report – Use Carfax or AutoCheck to check for past accidents and title issues.
✔ Have the car inspected by a mechanic – Always get a pre-purchase inspection before buying.
✔ Avoid “as-is” sales – A car sold “as is” has no warranty protections.
✔ Check for recalls – Use the National Highway Traffic Safety Administration (NHTSA) website to check for open recalls.
Final Thoughts
Massachusetts has one of the strongest Lemon Laws for used cars in the country. If you purchase a defective used vehicle, legal options exist to seek compensation or a refund. Always research before buying a used car and take steps to protect yourself from fraud and unexpected repairs.
If you believe your car qualifies as a lemon, act quickly, as Massachusetts’ Used Car Lemon Law has strict time limits.
