Massachusetts Lemon Law Explained
The Massachusetts Lemon Law is designed to protect consumers who purchase or lease new vehicles and then discover manufacturing defects that they are unable to have repaired after a reasonable number of attempts. It offers consumers a clear remedy in the event that the defects substantially impair the use, market value or safety of the vehicle.
Under Massachusetts law, a defect is a nonconformity in a new vehicle that must be repaired in order to meet the manufacturer’s express warranty. This defect may be a problem with a part, equipment, materials or other component of the vehicle. It does not include conditions that are the result of normal wear and tear and do not render the vehicle essentially useless.
Which vehicles are covered? The Lemon Law applies only to the following types of vehicles: Which defects are covered? The law applies only to defects that fall under the manufacturer’s original written warranty . Since federal law requires manufacturers of new vehicles to provide warranties, almost all new vehicles will qualify for coverage. However, certifications or warranties that are provided at the time of sale by dealers or for certain minor components of a vehicle, such as adjustments and alignments, are not covered.
How does the Lemon Law benefit consumers? If a new vehicle qualifies as a "lemon," the manufacturer has a legal obligation to repurchase or replace the defective vehicle if the following two conditions have been met: The law outlines a specific definition for a reasonable number of attempts. After a consumer takes or sends the vehicle to an authorized repair facility, it must be unsuccessful at fixing the defect after a total of three attempts, or the vehicle must be out of service because of the defect for 15 or more calendar days.
Why You Should Hire A Lemon Law Attorney
To be blunt, you do need a lemon law lawyer when it comes to the cases that we handle. Not only do you need a lawyer, but you need one familiar with the unusual circumstances surrounding lemon law cases, and familiar with the law and the practices of manufacturers who sell motor vehicles. The circumstances that form the basis of lemon law cases tend to be complicated, and vary widely. An experienced lemon law lawyer can evaluate your circumstance and bring to bear the appropriate legal strategy for the case. Often, there is more than one manufacturer involved in a lemon law case, including builders of components that are integral to the failure of the vehicle, and it may be difficult to ascertain what manufacturer or manufacturers are subject to liability. A lemon law lawyer can help you quickly determine what issues your case presents, and how your particular situation best fits within Massachusetts law.
Lemon law cases frequently involve multiple manufacturers who have manufactured components of a vehicle and are now selling the vehicle. In certain circumstances, such as when a vehicle is considered a lemon, a dealer, and even the leasing company, can be subject to liability. An analysis of how liability is apportioned is critical to the proper representation of your claim. Lemon law cases arising out of abnormalities with sophisticated computerized systems tend to be particularly complex, and may involve multiple components manufactured by different companies. These cases are very difficult to navigate without the assistance of a lawyer familiar with lemon law cases.
What To Look for in The Best Lemon Law Lawyer
When seeking a Massachusetts lemon law lawyer to represent a consumer in a lemon law case, there are several important qualities and qualifications to consider. Finding the right attorney can make a significant difference in the outcome of a lemon law claim.
First and foremost, experience is key. One should look for a Massachusetts lemon law lawyer who has handled numerous lemon law cases in the past. An experienced lawyer will be familiar with the laws and regulations surrounding lemon law cases and can provide guidance and support throughout the process.
It is also important for a Massachusetts lemon law lawyer to specialize in lemon law cases. Some law firms may handle a wide range of legal matters, but a lawyer who specializes in lemon law cases will be more knowledgeable about the specific legal issues and challenges that may arise during a case.
Reputation is another important factor to consider when choosing a Massachusetts lemon law lawyer. A lawyer with a good reputation will be a more trustworthy advocate for a consumer’s case. One can look for recommendations from family and friends or read online reviews to get a sense of a lawyer’s reputation.
Finally, client reviews and testimonials can provide valuable insight into a Massachusetts lemon law lawyer’s abilities and approach to handling cases. Reading reviews from previous clients can help one determine whether a particular lawyer is a good fit for one’s needs.
When considering a Massachusetts lemon law lawyer, experience, specialization, reputation, and client reviews can all help determine if the lawyer is a good fit for the case.
Massachusetts Lemon Law Claims Timeline
For the new owner, the lemon law claim process starts when a problem develops with a new car. The issue must arise during the warranty period, and it must be an issue that "substantially impairs" the value of the vehicle. Complaints about rattles, wheezes and squeaks are not generally lemon law claims unless there is a large safety concern behind the noise.
The next step for the new owner is to notify the dealership or manufacturer of the problem. This does not have to be in writing, though it is helpful to preserve some type of record. Simply making an appointment to get the problem addressed with the dealership is adequate. The dealer is then given a chance to repair the problem. If the problem is repaired, the process ends there unless a different issue arises.
If the dealer is unable to repair the problem, or if the same problem reoccurs after a few days, the problem has "substantially impaired" the use of the vehicle . As a result, the owner has the right to discontinue the repair attempts and seek to have the vehicle replaced, or the problem fixed by a different retailer. The owners will also be entitled to receive a commandeered version of their vehicle, more than likely identical to the original. Some manufacturers will try to sneak in the language that the owner must have the car transported back to another dealership at their cost. Don’t fall for this! Simply let the manufacturer know that you will not pay the costs of the transport, as this is a violation of the lemon law.
If the owner’s problem is not repaired correctly on the second try, he or she will be able to file a lawsuit against the dealer. In the interested of expediency, it is best to file the suit in any District Court in your area. The suit can also be filed in Worcester County, but it is best not to file a small claims action. Small claims actions are lengthy and the judge may not understand the law as well as a District Court judge.
Common Questions Concerning Lemon Law Lawsuits
There are many frequently asked questions about lemon law in Massachusetts.
Q. How Much Are the Costs?
In Massachusetts, lemon law attorney fees are contingent. That means they are paid from the settlement or from the manufacturer. That way, there is never a bill to the consumer.
Q. What are My Chances of Success?
That is a tough question to answer. No lemon law case is guaranteed. Some Massachusetts lemon law cases result in settlements. Others do not.
Q. Why Settle if I Can Win at Trial?
In some cases, it is better for the client to settle than go to trial. Trials are uncertain, and the jury may or may not agree with you. The jury also may award less money than you deserve.
A settlement is a warranty. It requires that the manufacturer buy your defective vehicle from you, for what you paid for it. Then, you start brand new with no car payments on a brand new vehicle that is working perfectly.
Selecting An Experienced Massachusetts Lemon Law Lawyer
When seeking legal representation for your lemon law case, it is important to select a lawyer with the necessary expertise and experience to successfully handle your claim. Here are a few tips to help you find the right lemon law attorney: Many Boston lemon law lawyers will offer free consultations to assess your claim. This can be a good opportunity to ask questions about your case, such as how long will the process take, what types of documents you will need, and the expected costs. You should also use the consultation to evaluate the attorney’s professionalism, approachability and communication skills. When selecting a lemon law attorney, you should be aware of the fee structure . Many lemon law attorneys in Boston will offer contingent fee arrangements, in which they only receive payment if you win your case. In most cases they will also advance all legal fees. You will then pay the full attorney costs only out of the award you receive at settlement or verdict, or from the proceeds of a recovery. If you do not win your case, there are no legal fees or costs for you to pay. You should also do your research when selecting legal representation for your lemon law case. One of the best ways to research a law firm is to look up client reviews or recommendations online. You can also ask family or friends for referrals to reputable lemon law attorneys in Boston.