What Is The Massachusetts Lemon Law For Used Cars?

What Is The Massachusetts Lemon Law For Used Cars
Does the Massachusetts Lemon Law apply to used cars? – The Massachusetts used car laws that apply to preowned vehicles that are considered to be lemons are referred to as “Used Vehicle Warranty Laws.” This MA lemon law warranty protects buyers of used vehicles purchased from private parties or dealerships in Massachusetts.

  • Cost $700 or more.
  • Have less than 125,000 odometer miles at the time of sale.

The length of a Massachusetts used car laws warranty depends on the age and mileage of the used vehicle. Motor vehicles that the used car lemon law does not cover encompass the below:

  • Motorcycles, dirt bikes and mopeds
  • Leased vehicles
  • Vehicles used for business or registered to a business
  • Off-road vehicles and auto homes

How long do you have to return a used car in Massachusetts?

Vehicle Repair Process and Warranty Extensions – If you’ve confirmed that your vehicle is eligible under the Lemon Law and still within it’s warranty period, the selling dealer is required to accept the vehicle within 3 business days of a telephone or written request for repair.

  1. The selling dealer cannot deny your repair request, but they can arrange for another shop to make the repairs on their behalf.
  2. The dealer has a total of 11 business days (consecutive or non-consecutive) or 3 repair attempts to fix the defect.
  3. A business day under this law is Monday through Friday, excluding state or federal holidays, and any part of a business day counts as a whole day.

If the dealer refuses to take the car or doesn’t take it within 3 business days, it’s considered an invalid refusal and you can start counting days out of service beginning the day you asked them to take it. There are also some instances that may allow for an extension of your warranty period (meaning you may have more time to get the vehicle repaired):

If the dealer didn’t give you a warranty or gave you one that is incomplete or inaccurate, your warranty doesn’t begin to expire until you have a complete and accurate copy. If the dealer needs to order parts during a repair attempt, the days out of service while waiting for parts do not count toward the 11 business day requirement of the law. However, they must keep the vehicle in their possession and your warranty extends by one day for every day they have it. A maximum of 21 calendar days during the warranty period will not be counted toward the 11 business day limit if parts are ordered. Any repair performed on a covered defect during the warranty period carries its own 30-day warranty. This warranty begins the day the repair is completed and can continue after the original warranty on the car as a whole expires. You have a 5-day grace period to get your vehicle to the selling dealer if the vehicle’s defect occurs during the warranty period but you didn’t take it for repairs until after the warranty expires. But be warned, you have to prove that the defect occurred during the warranty period and not during those five business days after the warranty expires. You may also receive a 1 day extension for each day after the 5 days if you cannot reasonably get the car in for returns (for instance if you are in the hospital).

What constitutes a lemon car in Massachusetts?

New Car Lemon Law

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The Lemon Law protects you if the new car you bought through a Massachusetts dealer has serious defects. A vehicle is considered a lemon if it has a substantial defect that impairs your safety or your ability to drive it, or impacts its market value and the car has not been repaired after a reasonable number of attempts.

Does Mass have a Lemon Law for used cars?

VEHICLES COVERED The lemon law covers used vehicles sold or leased within the term of protection, but does not cover auto homes, vehicles built primarily for off-road use, or any vehicle used primarily for business purposes.

What is the Lemon Law for private sale in Massachusetts?

What is the private party lemon law? – A private seller is any person who is not a dealer who sells or offers to sell a used motor vehicle to a consumer. Under Massachusetts law, anyone who sells more than three cars in a one-year period is considered a dealer and must obtain a used car dealer license from their municipality.

  1. The Massachusetts Lemon Laws require private parties selling used cars to inform buyers about all known defects which impair the safety or substantially impair the use of the vehicle.
  2. The law applies to all private party sales regardless of the price or mileage.
  3. Private party sellers are not required to repair the vehicle after it has been sold.

If you discover a defect that impairs the vehicle’s safety or substantially impairs its use and you can prove that the seller knew about the defect but failed to disclose it, you may rescind the contract (cancel the sale) within 30 days of the date of your purchase.

What does it mean if a car is determined to be a lemon?

A ‘lemon’ is a term for a car with a significant defect or malfunction that makes it unsafe to drive, although the exact definition can vary from state to state. Examples include non-working or faulty brakes, engines, transmission, or lights.

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How much is the Lemon Law in Massachusetts?

The Massachusetts Lemon Aid Law (Lemon Law) allows you to void or cancel a motor vehicle contract or sale if your vehicle fails to pass inspection within seven days from the date of sale AND if the estimated costs of repairs of emissions or safety related defects exceed 10% of the purchase price.

What does a 30 day warranty mean?

30 Day / 1000 Mile – Vehicles not covered under the ALLSTATE 3/3 Limited Power-Train Warranty will be covered under the AUTOLINE 1/1 LIMITED POWER-TRAIN WARRANTY. This warranty covers the vehicle for the first 30 DAYS OR 1,000 MILES (Whichever occurs first) from the date of purchase! This is a power-train warranty ONLY, which means it ONLY covers the Internally Lubricated Parts of the engine and transmission.

What is statutory warranty on a used car?

For a second hand motor vehicle the Motor Dealers and Repairers Act 2013 provides a statutory warranty of 3 months or 5,000km from the date of sale (whichever occurs first). This applies to second hand vehicles that have traveled less than 160,000 km and are less than 10 years old.

If warranty repairs are required on a vehicle and it is undriveable, it is the dealer’s responsibility to get the vehicle back to the dealership for repairs or authorise repairs in the remote location. Of course the dealer would have no responsibility if the vehicle was abused. Second-hand vehicles that have travelled more than 160,000 kilometres or are more than 10 years old are not covered by dealer guarantees.

The dealer is obliged to give consumers a Dealer notice which states there is warranty / no warranty under the Motor Dealers and Repairers Act 2013 and must also provide a Safety Inspection Report issued in accordance with the Traffic Act 1909 stating that the vehicle is roadworthy.

This Report must not be issued more than 42 days before the date of sale unless if the vehicles registration has been renewed or established within 90 days prior to the date of sale, the inspection report relied on for this renewal or establishment is sufficient. The Australian Consumer Law (ACL) requires that goods sold are of a merchantable quality and purchasers of non-warrantable vehicles are protected by implied conditions that apply to all consumer contracts.

These are: • Goods must be of merchantable quality • Goods must be fit for the purpose supplied Where consumers feel that a vehicle was not roadworthy at the time of sale, they should obtain an independent mechanical report to support this claim. Further information regarding purchase of a new or second hand vehicle is available from NSW Fair Trading.

Can you return a car after buying it from a private seller?

So, what are your rights as a car buyer and how will the CPA protect you when buying a used car? – The Consumer Protection Act covers 480 pages. It does not only take effect on consumers, but also on businesses. Here are the eight key parts protecting car buyers in the used vehicle industry.1. Disclosure

The dealer is obliged to disclose known faults to the car.The dealer must list all reconditioning that the car has been exposed to.The dealer must disclose the car’s first registration year and code statues.The terms, “Voetstoets” and “As Is”, is no longer permitted.Older cars must be sold as “scrap”. Roadworthy certificates on such a car implies a 6-month warranty. In this case, “warranty” means ‘fit for the purpose for which the car was purchased’.

2. Wear-and-tear

The buyer is obliged to sign for accepting to buy a used car.The buyer must sign his/her awareness of the level of wear-and-tear.

3. Right to return the car

As the car buyer, you have the right to return the used bought car to the car seller within 6-months – only under particular conditions, excluding wear-and-tear.The car buyer has the right to prove a legitimate defect or that the car was sold not for the purpose he/she bought it for.The car buyer has the right to request a refund, repair or replacement. Keep note that there is a particular time frame and process of 3-months, for resolving these car disputes.

4. Cooling-off period

The cooling-off period only applies if the ‘Offer to Purchase’ or ‘Installment Sale Agreement’, was not sold on the car seller’s or financing institution’s premises, or if the car was sold by direct marketing.

5. Price

You have the right to receive a fair, legal and reasonable price, when purchasing a used car.As the car buyer, you have the right to receive a market value price for the car being sold.

6. Using the product safely

It is the car buyer’s responsibility to sign a declaration, accepting that a car is a dangerous item and therefore will not be able to file a claim if being harmed by the car.

7. Right to documentation

Car buyers have the right to receive copies of all the relevant documents related to purchasing the car, and sign a receipt of all documentation.

8. Implied 6-month warranty

The car buyer has the right to ensure that the seller stands claim to the reasonable durability of the car for a period of 6-months – an implied warranty on defects.It is the car buyer’s responsibility to understand the difference between ‘wear-and-tear’ (tires, exhausts, clutch, brakes, etc.) and ‘defects’ (a gear suddenly jumping out – requires proof).You have the right to request a written warranty, where the warranty may be less, equal to or longer than 6-months.You have the right to extend an aftermarket warranty.

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Used cars are more complex than opting for the easy way out of buying a new ‘out-of-the-box’ car. Although the CPA is or ‘should be’ enforced, the ‘should be’ means that many businesses within the used car industry are still in process of updating their paperwork and policies under the relevant motor vehicle CPA’s.

  1. CarZar therefore suggests to study the must-know CPA’s involved in buying a car, in order to avoid time consuming and inconvenient lawsuits and claims – the worst ones reported to the Ombudsman.
  2. This post is sponsored by CarZar.co.za – South Africa’s FASTEST WAY to SELL YOUR CAR ONLINE,
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No Hassle. Sell your car in 30 minutes! With CarZar, selling your car to has never been easier. The above information, as retrieved from Auto Advice, is simply a guide and does not change any laws, rules and regulations, as stipulated in South Africa’s Consumer Protection Act.

Can I return a used car under warranty?

Buying used from a dealer – The safest way of buying a used car is from a dealer, but the recourse that you have will vary between manufacturers. If you’re buying as part of an approved used scheme, then you might be able to take advantage of a 30-day no-quibble return guarantee if you feel that the car you’ve bought isn’t right for your needs.

  1. However, this might just mean you can hand it back in exchange for a different car, and may not necessarily get you a refund.
  2. It’s worth checking the manufacturer’s returns policy to see what they offer.
  3. If you’ve bought a used car that turns out to be faulty, then you are covered by the Consumer Rights Act 2015.

This means that you are entitled to a full refund if you take the car back to the dealer within 30 days of purchase if you can prove that the fault was already there when you purchased the car. However, there are strict legal definitions when it comes to describing a car with a fault, so you need to tread carefully if you are thinking of handing a car back.

If it’s not of a satisfactory quality (meaning it’s not as you would expect for a car of its age, mileage and price range).If it’s not fit for purpose (for example, you were told that a car is capable of towing when it is not)If it’s not ‘as described’ (equipment listed in its advert is not present).

If you take the car back to a dealer within 30 days with a complaint that fits one of these three categories, then you are entitled to a full refund. And if you used your old car as part-exchange to get into the new one, then you are entitled to ask for it back as part of the refund. Beyond the six-month period, you still have six years of legal rights to protect you (in Scotland, the limit is five years). The older the car, the harder it will be for you to be able to prove that it was faulty before you bought it. In this instance, the three legal descriptions still apply, but they will be a lot harder to prove.

  1. If you are intent on pursuing a claim against a dealer, it’s worth finding a second opinion from an independent garage, but keep the dealer informed about what you’re doing, rather than just dropping an issue in their laps without prior warning.
  2. If a repair is still unsatisfactory, then you can still return the car for a refund.

However, you won’t get back the full amount that you paid, as the car will lose value even after six months of use. But if you want to cut your losses and be rid of the car, then that is the only course you can take. The other alternative, and as long as the dealer agrees, is to accept compensation to reflect the reduced value of the car if you feel it is unsatisfactory.

What rights do I have with a private sale?

Statutory rights – When you buy goods from a private individual, for example, from a private eBay seller, or in response to a newspaper advert paper, or at a car-boot sale, the law says the goods must match their description (including any description on the label).

If the item does not match the description, you may have recourse against the seller. You can ask for a refund, but if they refuse – you may have to take court action – which could prove expensive. Contractual rights If the seller breaches the contract, for instance, the item is not that which you agreed to buy, or it is faulty, you may be entitled to compensation for breach of contract.

Unfortunately, it can be difficult to prove what the seller agreed – unless there is a written agreement (for instance, in an email) or there was a written sale advert or an independent witness to an agreement. If you do have the evidence to support your claim, you should be able to claim breach of contract.

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Is MA a buyer beware state?

Despite being in a “caveat emptor” state, Massachusetts sellers have some disclosure obligations to buyers. – Massachusetts is one of few states that still follows a legal rule known as caveat emptor, or “buyer beware.” This basically mean there is not a lot you are legally required to disclose to the buyer when selling your property.

The burden is on the buyer to ask the right questions and perform a home inspection in order to determine the property’s physical condition, features, and so forth. Massachusetts law requires only that home sellers disclose the existence of lead paint (see the Massachusetts Lead Paint Statute ) and the presence of a septic system (see Title 5 of the Massachusetts Environmental Code ).

While these are the only two legally required disclosures, you can expect prospective home buyers to ask you questions about the property, particularly after they’ve conducted a home inspection. And you cannot legally lie or actively hide the truth. A buyer might also request during negotiations that you make additional written disclosures.

Can you return a car you bought in Massachusetts?

The vehicle is a lemon – New vehicles are covered by lemon laws in most states. The lemon laws usually outline a specific number of times the car be serviced for the same problem or require that the car be out of service for a specified period of time during the manufacturer’s warranty period.

  • If your car qualifies, you may be eligible for a refund or a replacement vehicle.
  • In Missouri, for example, a car is a lemon if it’s been to the repair shop four or more times for the same problem — and the problem still exists — or if the vehicle has been out of service for 30 or more days.
  • In Ohio, problems must occur in the first 12 months or 18,000 miles of ownership.

If you’re buying a used car, it’s a good idea to have it inspected by an independent mechanic before you finalize the deal. Few states have lemon laws for used cars, but here are two:

West Virginia allows dealers to sell high-mileage used cars for $4,000 or less “as is,” and buyers have three days to cancel the sale if they discover a significant mechanical problem. In Massachusetts, buyers can return any car if it fails to pass the motor vehicle safety inspection within seven days of the sale.

What can I do if I’ve been sold a faulty car?

If you believe the seller has sold you a faulty car, you should contact the seller immediately. You have consumer rights for up to six years, which protects you against a faulty car. However, the law does not offer you a blanket protection. The law only protects you against a fault, which should not have developed on the car, given its age and mileage and the condition the car was in at point of sale.

Can you return a car you bought in Massachusetts?

The vehicle is a lemon – New vehicles are covered by lemon laws in most states. The lemon laws usually outline a specific number of times the car be serviced for the same problem or require that the car be out of service for a specified period of time during the manufacturer’s warranty period.

  • If your car qualifies, you may be eligible for a refund or a replacement vehicle.
  • In Missouri, for example, a car is a lemon if it’s been to the repair shop four or more times for the same problem — and the problem still exists — or if the vehicle has been out of service for 30 or more days.
  • In Ohio, problems must occur in the first 12 months or 18,000 miles of ownership.

If you’re buying a used car, it’s a good idea to have it inspected by an independent mechanic before you finalize the deal. Few states have lemon laws for used cars, but here are two:

West Virginia allows dealers to sell high-mileage used cars for $4,000 or less “as is,” and buyers have three days to cancel the sale if they discover a significant mechanical problem. In Massachusetts, buyers can return any car if it fails to pass the motor vehicle safety inspection within seven days of the sale.

Can I back out of a car deal after signing in Massachusetts?

Can I cancel the purchase of my car? – You do not have a 3-day right to cancel your purchase of a new or used vehicle if you are unhappy with the vehicle. Once a contract is signed, it is considered legally binding. However, you should still review all the terms of the vehicle sales contract or other written agreement to see if there is any part of it that would allow you to cancel the contract after it has been signed.