Massachusetts Lemon Law: How to File a Claim

Massachusetts's lemon law for new and leased vehicles is M.G.L. c. 90, § 7N½. It covers buyers and lessees, and anyone the vehicle is transferred to during a warranty period. Within the term of protection (1 year/15,000 miles): 3+ repairs of one nonconformity, or 15+ business days out of service. Claims go to state-certified arbitration through OCABR.

The complete, plain-English walkthrough — built from M.G.L. c. 90, §§ 7N, 7N½ and 7N¼ and the Massachusetts Office of Consumer Affairs and Business Regulation (OCABR), not law-firm marketing. Last reviewed: October 2026.

Massachusetts lemon law at a glance

• New and leased vehicles: M.G.L. c. 90, § 7N½ — claims run against the manufacturer, not the dealer.
• Used vehicles: a separate law, § 7N¼ — a mandatory dealer warranty (details below).
• Term of protection (new/leased): 1 year or 15,000 miles from original delivery, whichever comes first.
• Tests: the same defect repaired 3+ times, or 15+ cumulative business days out of service — plus one final cure opportunity of up to 7 business days.
• Dispute route: state-certified arbitration through OCABR. Apply online only; your application must be received within 18 months of original delivery.
• Use allowance: contract price × (miles the vehicle traveled before the manufacturer accepted its return ÷ 100,000); motorcycles ÷ 25,000.

What vehicles are covered

Massachusetts has three related vehicle laws, and they are easy to mix up. The new and leased vehicle Lemon Law (M.G.L. c. 90, § 7N½) is the subject of most of this guide. A separate Used Vehicle Warranty Law (§ 7N¼) gives dealer-sold used vehicles a mandatory warranty — covered in its own section below. A third law, the "Lemon Aid" Law (§ 7N), covers vehicles that fail inspection right after purchase — see the note at the end of this section.

Section 7N½ covers buyers and lessees (a "lessee" holds a lease with a term of not less than one year), anyone the vehicle is transferred to during a warranty period, and anyone entitled to enforce the warranty. Per OCABR, a covered vehicle may be a car, motorcycle, van, or truck, as long as it is being used for personal or family use.

Not covered by § 7N½: auto homes (motor homes), vehicles built primarily for off-road use, and any vehicle used primarily for business purposes. Purchases for resale are also outside the law.

The defect must be a "nonconformity" — a defect or malfunction (or a combination of them) that substantially impairs the use, market value, or safety of the vehicle. OCABR notes that defects that only affect the vehicle's appearance may not be covered. And the claim runs against the manufacturer: the statute expressly imposes no liability on an authorized dealer under § 7N½.

A separate law: "Lemon Aid" (§ 7N)

Don't confuse § 7N½ with § 7N. Under the Lemon Aid Law, a sale may be voided if the vehicle fails inspection within 7 days of the sale and the cost of repairs needed to pass exceeds 10% of the purchase price. To use it, the buyer must notify the seller within 14 days of the sale, return the vehicle, and provide a written statement from the inspection station. It applies only to vehicles bought for the immediate personal or family use of the buyer.

The two tests (no safety shortcut)

Both tests are measured inside the term of protection: one year or 15,000 miles of use from the date of original delivery, whichever comes first. A "reasonable number of attempts" is deemed to have been made if either test is met:

1. Three-times test

The same nonconformity has been subject to repair 3 or more times by the manufacturer, its agents, or its authorized dealers within the term of protection, and it continues to exist or has recurred within the term.

2. 15-business-day test

The vehicle is out of service for repair of any nonconformity for a cumulative total of 15 or more business days during the term of protection. A "business day" is any day the service departments of the manufacturer's authorized dealers are normally open for business — so count shop days, not calendar days.

Plus one final cure: even after a test is met, the manufacturer gets one additional opportunity, not to exceed 7 business days, to cure the nonconformity. That window starts on the day the manufacturer first knows — or should have known — that the limits above were met or exceeded, and it can run past the end of the term of protection.

No safety shortcut: § 7N½ has no reduced-attempt test for safety defects — the same 3-times / 15-business-day thresholds apply.

Reporting the defect and the final cure

The repair duty starts when you report the nonconformity during the term of protection — to the manufacturer, its agent, or its authorized dealer. Keep dated records of every report and repair visit.

OCABR's guidance is to contact the manufacturer once the 3-attempt or 15-business-day limit is reached, giving it the chance to remedy the situation within its final cure opportunity of up to 7 business days. Putting the manufacturer on notice is what makes the start of that cure window hard to dispute later.

One protection to know: the statute says no consumer can be required to give notice directly to the manufacturer before resorting to state-certified arbitration. Notice is still the practical step OCABR recommends — it just can't be used as a gate to keep you out of the state program.

The LemonLawPath $29 packet includes a draft notice letter you can adapt for this step.

How to file: state-certified arbitration

Massachusetts' route for new and leased vehicles is state-certified arbitration, run for the Office of Consumer Affairs and Business Regulation (OCABR). All manufacturers must submit to it if you request it in time. The steps:

1. Apply online. Applications are filed through the official online portal at applylemonlaw.mass.gov — OCABR states you must apply online, and mailed paper applications are no longer accepted. There is no fee to apply.
2. Mind the 18-month deadline. Your application must be received within 18 months of the date your vehicle was delivered to you to require the manufacturer's participation.
3. The hearing. Once a hearing is scheduled, you are responsible for a $300 fee to the state-certified arbitrator. That amount is included in the repurchase award if the decision is in your favor.
4. The finding. The arbitrator issues a written finding — whether the vehicle meets the § 7N½ standards for a required refund or replacement — within 45 days of OCABR's receipt of your request.
5. After a finding in your favor. The manufacturer has 21 days from the finding to deliver the refund or replacement, or to appeal in superior court. An appeal isn't heard unless the manufacturer files within those 21 days with a bond equal to the award plus $2,500 for anticipated attorneys' fees.

Questions: OCABR, Office of Consumer Affairs and Business Regulation, 1 Federal Street, Suite 720, Boston, MA 02110-2012 — Consumer Information Specialists: 617-973-8787. The Attorney General's Consumer Hotline is 617-727-8400.

What happens after you file

• "All or nothing." Per OCABR, state-run arbitration is all or nothing: the arbitrator decides whether the vehicle meets the Lemon Law standards and awards a full refund (minus the use allowance and any prior settlement) — the arbitrator cannot order a partial refund, additional repairs, or a warranty extension.
• You can use it second. You can use state-run arbitration even if you already used the manufacturer's own arbitration program. A manufacturer cannot require you to use its program — and if you choose to, that program's arbitrator does not have to apply the Lemon Law standards.
• The finding carries weight. Findings of fact from state-certified arbitration are taken as prima facie evidence in any later court action on the same matter.
• If you're dissatisfied: a consumer dissatisfied with a state-certified arbitration finding has the right to file a claim under chapter 93A, the Consumer Protection Act.

Remedies: refund, replacement, and the use allowance

If the manufacturer doesn't conform the vehicle after a reasonable number of attempts, it must accept return of the vehicle. Then:

• Refund (purchased vehicles): the full contract price, including all credits and allowances for any trade-in — minus any cash award the manufacturer made to settle the dispute that you accepted, and minus a reasonable allowance for use.
• Refund (leased vehicles): all payments you made under the lease agreement, minus any accepted cash award and the use allowance.
• Incidental costs are reimbursed too: the manufacturer also reimburses incidental costs including sales tax, the registration fee, finance charges, and the cost of any options added by an authorized dealer. If towing and a rental vehicle weren't made available at no cost, the manufacturer also reimburses towing and reasonable rental costs that resulted from the nonconformity.
• You can refuse a replacement: the manufacturer may offer a replacement instead, but you have an unqualified right to reject a replacement offer and demand a refund. If a leased vehicle is replaced, an identical model is provided for the remaining term of the original lease.
• You can keep driving the vehicle until you're paid: you may retain use of the vehicle until you have been tendered the full refund or a replacement you accept.

The reasonable allowance for use

Massachusetts states the formula in the statute. For vehicles other than motorcycles, the allowance is the total contract price × the number of miles the vehicle traveled before the manufacturer accepted its return, divided by 100,000. For motorcycles, the same contract price is divided by 25,000 instead. For a leased vehicle, the contract price is replaced by the total of the payments made under the lease. Because the mileage runs until the manufacturer accepts the return, miles you drive while keeping the vehicle awaiting a refund are reflected in the allowance. The buyback calculation guide shows how allowances like this work in practice.

Attorney's fees and chapter 93A

As a matter of statutory fact: a prevailing consumer is awarded reasonable attorneys' fees and costs under § 7N½. Separately, a failure to comply with § 7N½ is an unfair or deceptive act under chapter 93A — and a manufacturer that fails either to abide by a state-certified arbitration decision or to file a timely appeal exposes itself to an award of no less than two times the actual damages, unless it proves the failure was beyond its control.

Used vehicles: the Used Vehicle Warranty Law

Bought used? Massachusetts has a separate law for you — the Used Vehicle Warranty Law, M.G.L. c. 90, § 7N¼. It works differently from the new-vehicle law: instead of a claim against the manufacturer, the selling dealer must give you a warranty by law.

This section now has its own page: Massachusetts used vehicle warranty law.

Who and what is covered

• A "dealer" is a seller who has sold more than 3 used motor vehicles in the preceding 12 months.
• The law does not apply to a used vehicle sold by a dealer for less than $700.
• Excluded: auto homes, vehicles built primarily for off-road use, motorcycles, and vehicles used primarily for business purposes. (Note the difference from the new-vehicle law, which covers motorcycles.)

The mandatory warranty

No used vehicle may be sold by a dealer in Massachusetts unless it comes with an express written warranty covering the full cost of parts and labor to repair any defect that impairs the vehicle's safety or use. Your share is capped: you can be required to pay no more than $100 total toward covered repairs during the warranty period. Defects that affect only appearance don't count as impairing safety or use. The warranty length depends on the mileage at the time of sale:

• Under 40,000 miles: 90 days or 3,750 miles, whichever comes first.
• 40,000 to under 80,000 miles: 60 days or 2,500 miles, whichever comes first.
• 80,000 to under 125,000 miles: 30 days or 1,250 miles, whichever comes first.
• 125,000 miles or more: no Lemon Law warranty under the tiers.

If the vehicle's true mileage isn't known, the warranty is set by age instead: 3 years old or less gets the first tier, more than 3 but less than 6 years gets the second, and 6 years or more gets the third. The warranty periods are tolled (paused) while the vehicle is out of service for a warranty repair attempt. And if a defect shows up right at the end, you must present the vehicle to the dealer for repair no later than 5 business days after the warranty period expires and tell the dealer about the defect.

The refund trigger

If the dealer fails to repair the same defect within 3 attempts, or the vehicle is out of service for more than 10 cumulative business days after you returned it to the dealer for repair of the same defect, the dealer must accept return of the vehicle and refund the full repurchase price, less a reasonable allowance for use of 15 cents per mile the vehicle was driven between its sale and the dealer's repurchase.

"Repurchase price" starts from the purchase price — the total of all payments made for the vehicle, including finance charges, registration fees, insurance payments, and service contracts, and the value of a trade-in — less any accepted cash award and any refunds or rebates, plus incidental damages not already reimbursed, such as reasonable towing costs. The dealer also has the option, at any time during the warranty period after you've complained of a defect, to repurchase the vehicle and refund the repurchase price (less the 15-cents-per-mile allowance) even over your objection.

Used-car arbitration and deadlines

• All dealers must submit to state-certified used car arbitration if you request it, asserting your right to a repurchase, within 6 months from the date of original delivery of the used vehicle to you.
• The finding is issued within 45 days of the request being received.
• If the vehicle is found to meet the standards and the dealer hasn't refunded you, the dealer has 21 days to deliver the refund or appeal in district or superior court — with a bond equal to the award plus $500 for anticipated attorneys' fees.
• An action under the used vehicle law must be commenced within 2 years of the date of original delivery of the used vehicle.
• A prevailing consumer under the used law is likewise awarded reasonable attorneys' fees and costs, and a dealer's failure to comply with § 7N¼ is an unfair or deceptive act under chapter 93A.

Private-party sales

Private-party sales are not covered by the Used Vehicle Warranty Law, and they are not eligible for state arbitration. A private seller must still clearly disclose all known defects that impair the vehicle's safety or substantially impair its use before the sale is completed. If the seller fails to disclose, the buyer may rescind the sale within 30 days and recover the money paid, less a reasonable amount for use.

When to talk to a lawyer instead

Massachusetts gives you a state-run arbitration route, but not every case belongs in a DIY packet. Use LemonLawPath to get organized, then talk to a licensed Massachusetts attorney — especially if:

• Your defect is a serious safety hazard;
• The manufacturer or dealer denied your claim or disputes the defect;
• You're weighing a court case or a chapter 93A claim rather than arbitration;
• Your 18-month arbitration window or term of protection is close to closing;
• Anything about your case feels ambiguous.

Primary sources: M.G.L. c. 90, § 7N½ (new and leased vehicles) · M.G.L. c. 90, § 7N¼ (used vehicles) · M.G.L. c. 90, § 7N (Lemon Aid) · M.G.L. c. 260, § 5A · OCABR — Apply for Lemon Law Arbitration · OCABR — Guide to Used Vehicle Warranty Law