Is your new or leased car a lemon? Here's what you can do about it.
Did you just buy a new car only to find that it's having issues? The Massachusetts New Car Lemon Law, G.L. c. 90, § 7N½, provides consumers with solutions for cars that have a defect and/or malfunction that "substantially impairs the use, market value or safety" of your vehicle.
The New Car Lemon Law applies to new or leased cars, vans, trucks, and motorcycles that are sold by Massachusetts new car dealers. If you have a vehicle that you use primarily for business purposes, it is excluded from the law's coverage.
The market value of your vehicle does not need to be reduced too much, as the regulation states that it needs only be reduced 10% from what it would have been without the defect. This 10% reduction in value can be demonstrated through appraisal of your vehicle.
Now that you think your car is a lemon, what do you do?
You must meet certain requirements to get compensated for your vehicle. You must: discover the "defect" within 15,000 miles or within one year of the original delivery, whichever comes first (this is known as the "term of protection"); and allow the allow the dealer/manufacturer a "reasonable" number of attempts to repair the defect (more on this below).
The "reasonable" number of attempts means that the dealer has three attempts to remedy the defect OR that your vehicle cannot be out of service for a cumulative fifteen or more business days. Once either of those instances occurs, your dealer has the opportunity for one cure attempt. This final cure attempt cannot exceed seven business days.
Also, the dealer/manufacturer can raise the defenses that you somehow caused the defect or that the defect is not a material defect.
How can the Law Office of Thomas R. Davis help you?
If you have a lemon law issue, the Law Office of Thomas R. Davis is here to help.
Call us any time at (617) 431-3887 for a free, no obligation attorney consultation. You can also schedule a free 60 minute consultation online at www.thomasdavislaw.com. We are here to provide you with the quality representation you deserve.