So how exactly does the MA Lemon Law work?
The Massachusetts Lemon Law covers drivers whose vehicles suffer a nonconformity or defect inside the first 12 months or 15, 000 miles, whichever arrives first, that can't be repaired after repeated attempts (normally 3) through the manufacturers authorized dealership. Review the statute and a summary from the Massachusetts Lemon Law.
Does a problem always need to occur three times to be described as a lemon?
Not necessarily. If your car is in the shop 15 business days (Monday-Friday) or even more in the first year, consecutive or not, we can file a claim underneath the Law. Likewise, if you are experiencing paint problems; exactly the same kind of problem (electrical, water leak in the back versus water leak within the front, front brakes and then back brakes and after that front brakes again); or a significant problem that offers occurred twice, we welcome you to submit your information for the consideration. We handle each case separately and we have made exceptions previously.
What happens if I fall outside the Lemon Regulation provisions before my first problem exists? Does this mean I don't have a claim?
No. If you are having continuous problems as well as your car is under a manufacturer's warranty, we can still help underneath the Federal Magnuson Moss Warranty Act. Please let us know about your repairs and we'll have someone from our firm contact you and clarify your rights. The representation is still completely cost-free.
So how exactly does the MA Lemon Law offer cost-free representation?
While the Massachusetts Lemon Law Statute doesn't provide fee-shifting provisions for cost free representation, Kimmel & Silverman also uses additional state and federal statutes which do provide 100% without charge legal help. If the consumer prevails, the non-complying manufacturer must pay all attorney fees and legal costs along with what you receive. If you submit a claim in order to Kimmel & Silverman, and we accept your case, you won't pay anything out of pocket, win or lose. The fee-shifting provision provides you with equal footing when battling against a multi-billion dollar car manufacturer.
Are leased cars covered under the Massachusetts " lemon " Law?
Yes, cars that are purchased and leased tend to be both covered. Leased cars were added in July, 1997.
Are utilized cars covered under Massachusetts Lemon Law?
Yes. Used vehicles which are purchased in the Commonwealth come with express warranties. When the vehicle has has less than 40, 000 miles, the express warranty is 3 months or 3, 750 miles from date of purchase. In the event that mileage is between 40, 000-80, 000, the warranty time period is 60 days or 2, 500 miles. If the actual mileage is between 80, 000 miles and 125, 000 kilometers, the express warranty is 30 days or 1, two hundred and fifty miles. If the consumer has the same defect three times throughout the express warranty or if the car is in the shop 10 cumulative business days (Monday-Friday) in those times, the consumer is entitled to a full repurchase, without a mileage offset of $0. 15 a mile.
Are motorcycles covered underneath the MA Lemon Law?
Yes. Motorcycles are covered under the actual Massachusetts statute.
What vehicles are not covered under the actual Massachusetts Lemon Law?
The following vehicles are not protected: auto-homes; vehicles built primarily for off-road use, vehicles utilized primarily for business purposes; vehicles with defects caused mainly by owner negligence, accidents, vandalism, or unauthorized repairs by someone besides the manufacturer-authorized dealership.