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Massachusetts Lemon Law FAQs

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How We Can Help Your Lemon Law Situation?

It is estimated that more than 150,000 cars annually, or about one percent of all new cars, are cons...

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It is estimated that more than 150,000 cars annually, or about one percent of all new cars, are considered lemons. Although state and federal lemon laws vary, a lemon is generally considered any vehicle that has repeated defects or non-conformities that cannot be repaired after a reasonable time or a reasonable number of attempts. If you want to take advantage of state and federal lemon laws for car purchases, it’s important to understand what qualifies as a lemon and what steps you need to take to put yourself in the best position to receive maximum possible relief under the law. The attorneys at Krohn & Moss, Ltd. Consumer Law Center® have worked in this area of law since 1995 and can help you assess your claims and counsel you on the best course of action for moving forward. Should you qualify for relief, we will do our best to ensure that you settle your claims for what the law entitles, which may be a refund for your car, a replacement vehicle, or monetary compensation in other instances. We will also not charge you a fee unless you win or settle your case.

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What is a reasonable number of repair attempts to repair my car?

Before being able to reap the benefits of the lemon law, you must allow the manufacturer or dealer t...

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Before being able to reap the benefits of the lemon law, you must allow the manufacturer or dealer to make a reasonable number of attempts or you must provide them with a reasonable time to fix the issues before your vehicle may be considered a lemon. Although every state law varies, most states require that the consumer provide the manufacturer or its dealers with at least3 times or 30 days to fix a vehicle defect or non-conformity. In some states, as little as 1 repair attempt may be sufficient to deem a car a lemon if the defect is something that affects the safety of the vehicle.

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What are types of defects that are covered by lemon laws?

Most state lemon laws require that for the car owner or lessee to recover, they must prove that the ...

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Most state lemon laws require that for the car owner or lessee to recover, they must prove that the defect or non-conformity substantially impairs the use, value or safety of the vehicle. Every situation is unique and a defect that you might not ordinarily think is substantial, very well might be depending on how it affects you. For instance, even something that is seemingly as minor as the illumination of a light on your dash board might signify a larger problem. Or, something like a brake squeak might be substantial if it affects your use and enjoyment of the vehicle every time you get behind the wheel. It is for this reason that you should speak to an experienced lemon law attorney who may assess your rights and tell you their opinion on what you may recover. Keep in mind, that the federal Lemon Law has no requirement that the defects in the vehicle be substantial. Rather, the federal Act looks to the obligations of the manufacturer to repair your vehicle as detailed in your warranty. Notably, the typical car manufacturer’s warranty promises to repair all defects in materials and workmanship in the vehicle. It does not restrictcoverage to only “substantial” defects. Therefore, even minor defects are covered under the federal Act if the manufacturer,by and through its dealers, was unable to repair the vehicle after being afforded a reasonable opportunity to do so.

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What Is Considered a Lemon?

For a vehicle to be considered a lemon, it must meet certain requirements. While each state is diffe...

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For a vehicle to be considered a lemon, it must meet certain requirements. While each state is different, there are some general things that hold true across the board. First of all, the vehicle needs to have some type of defect or non-conformity. Under most state laws, the defect must have taken place within a specific period of time or a certain number of miles after the vehicle was purchased or leased. Additionally, most state lemon laws require that the defect or non-conformity could not be fixed after several repair attempts. While state lemon laws for cars usually only apply to new, the Magnuson-Moss Warranty Act, also known as the federal Lemon Law, applies to all cars covered by a warranty, whether the car is new or used. It is important that you speak to an experienced lemon law attorney who may assess your rights.

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What happens after I contact the attorneys at Krohn & Moss, Ltd. Consumer Law Center®?

We will first evaluate at no charge to you whether you have a case and what we can do for you. To st...

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We will first evaluate at no charge to you whether you have a case and what we can do for you. To start the process, we will ask you to provide us with your repair history, i.e. either the actual repair receipts you received or some summary from the dealer. After we review your repair history we will call you and advise you about what laws you qualify for and what relief we believe we can obtain for you. We will also go over with you in detail how we will use federal and/or state laws to seek our attorneys’ fees incurred from the automobile manufacturer or dealer. From there, the pace of your case will depend on a number of variables. We will begin the process of investigating and contacting the appropriate parties, while tending to the filing of any necessary paperwork or court documentation. Keep in mind that each state’s Lemon Law varies and our attorneys will tailor your claim to the specific location and details of your case.

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How do I find out if my situation qualifies for a Lemon Law case?

As one of the country's largest and most experienced Lemon Law firms, Krohn & Moss, Ltd. Consume...

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As one of the country’s largest and most experienced Lemon Law firms, Krohn & Moss, Ltd. Consumer Law Center® makes it easy to determine whether or not you have a case against an automobile dealer or manufacturer. Simply fill out our FREE Case Evaluator form to begin the process. One of our qualified lemon law attorneys will review your information free of charge and immediately let you know the next step in getting started.

Massachusetts Lemon Law

If you have ever purchased or leased a new vehicle, only to discover in the coming hours, days or weeks that your new car is defective, then you understand the special frustration unique to purchasers of “lemons.” Fortunately, both federal and state lawmakers have put in place laws to protect consumers who receive these lemons, to help them get the reliable new car they were promised.

The Massachusetts Lemon Law provides protection against serious defects, defined as defects which “substantially impair” the use, market-value or safety of the vehicle. The federal Magnuson-Moss Warranty Act (sometimes called the Federal Lemon Law), however, provides protection against all problems covered by a warranty – even if such problems are not “serious” enough to qualify under the Massachusetts Lemon Law. The experienced Lemon Law attorneys at Krohn & Moss, Ltd. Consumer Law Center® can help you to decide whether to pursue a claim under Massachusetts law, federal law, or both.

Available Remedies

If a manufacturer or dealer fails to comply with the Massachusetts Lemon Law, the consumer is entitled to have the manufacturer repurchase or replace the lemon. This also obligates the manufacturer or dealer to return or reimburse the consumer for other incidental or collateral fees and expenses. These expenses may include taxes, registration and titling fees, insurance charges, finance fees, towing and rental car charges, and other costs. In addition, a manufacturer’s failure to comply with the Massachusetts Lemon Law may qualify as an unfair and deceptive act under the Massachusetts Consumer Protection Act, which may entitle you to double or triple damages. An experienced Massachusetts Lemon Law attorney can help you determine how to proceed to obtain all the relief to which you are entitled.

Covered Vehicles

The Massachusetts Lemon Law extends to a new car, motorcycle, van or truck bought in Massachusetts, under warranty, from a new-car dealer. To be covered, the vehicle must be purchased for personal or family purposes. In addition, the Massachusetts Lemon Law does not cover motor homes, off-road vehicles, or vehicles purchased primarily for business use.

The Federal Lemon Law, however, provides broader protection. The Magnuson-Moss Warranty Act covers all consumer products – including vehicles, appliances, and other items. Therefore, even if your vehicle does not qualify under the Massachusetts Lemon Law, an experienced Massachusetts Lemon Law attorney can help you obtain relief under federal law.

Term of Protection

The Massachusetts Lemon Law provides protection against defects which arise within one year or 15,000 miles from your date of purchase, whichever comes first. All the dealer’s repair attempts, however, need not occur during this period, provided proper, timely notice is given within the term of protection. The law also continues to provide protection if a vehicle is resold during the one year or 15,000-mile term-of-protection, if the manufacturer or dealer is given a full opportunity to repair during this period.

Reasonable Repair Opportunity

Before you may bring a claim under the Massachusetts Lemon Law, you must first give the dealer or manufacturer a reasonable opportunity to repair the defects in the vehicle, as defined by the law. The Massachusetts Lemon Law, however, is more favorable to consumers than the laws in many states – once a manufacturer or dealer has made three attempts to correct the same problem, or the vehicle has been out of service for 15 or more business days for repairs, the requirement of a reasonable opportunity to repair has been met.

Once a manufacturer has failed to correct the defects despite a reasonable opportunity to do so, that manufacturer is in violation of the Massachusetts Lemon Law. You must then provide a certified final notice to the manufacturer, and give the manufacturer one final seven-day opportunity to repair the vehicle. Once this opportunity has passed, you are free to bring a legal claim, either in court or via an informal dispute process through Massachusetts State Consumer Affairs or the manufacturer’s own procedures. The experienced Lemon Law attorneys at Krohn & Moss, Ltd. Consumer Law Center® can help you determine the best way to proceed, to quickly and effectively obtain the best possible result in your lemon law case.

How to Get Relief

Once you have reason to believe that your vehicle is defective or may be a lemon, contact Krohn & Moss, Ltd. Consumer Law Center® for a free consultation to determine if you qualify for relief. The manufacturer is required to pay your attorneys’ fees and costs when you win your lemon law case. This means that Krohn & Moss, Ltd. Consumer Law Center® will seek their attorneys’ fees from your vehicle’s manufacturer instead.

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