• Massachusetts Lemon Law: Know Your Rightsluxury car - model toy car image by alma_sacra from Fotolia.com
  
  Lemon laws offer consumer protection against defective vehicles that have undergone a reasonable attempt at repair. Every state has a lemon law in place but certain aspects of these laws vary within the states including qualifying vehicles, number of acceptable attempted repairs and how to go about seeking recourse under the law among other things. In Massachusetts, cars that are covered by the lemon law must suffer a defect that substantially impairs the use, safety or resale value of the vehicle. This means that not every unmitigated problem will qualify a car as a lemon. Anyone with questions about Massachusetts' lemon laws should contact the Massachusetts Consumer Affairs and Business Regulation office.
  
  

Qualifying Vehicles

• State law specifically outlines qualifying vehicles. The state offers protection under the lemon law for vehicles less than one year old or with 15,000 miles or less, whichever comes first. The law also applies to used vehicles with this same criteria. The owner must use the vehicle primarily for personal and family use and includes cars, motorcycles, vans and trucks. The law covers leased vehicles as well. All complaints and repair attempts must take place within this period of protection. An exemption includes the manufacturer's final repair attempt.
  
  

Repairs

• In Massachusetts, three failed attempts to fix the same problem qualify as a reasonable attempt at repair and a person cannot pursue action under the Lemon Law until he has pursued at least three attempts. Additionally, a person can qualify under the law if due to repairs, the person was without the vehicle for at least 15 business days (days the dealer or manufacturer was open for business). Days do not have to be consecutive. Vehicle owners must keep accurate repair records in the event they pursue action against the manufacturer. Federal law gives the right to an itemized list of repair work.
  
  

Final Repair Attempt

• Once either of the above circumstances has taken place, the owner of the vehicle must notify the manufacturer, who has seven days upon receipt of notification to attempt one last repair of the problem. The person must send the letter by certified mail to the manufacturer's regional office. In the event the manufacturer refuses repair or makes an unsuccessful repair attempt, the owner has the right to pursue compensation under the lemon law if the manufacturer does not offer a refund or replacement.
  
  

Informal Resolution

• The commonwealth of Massachusetts provides several avenues for resolution. The Consumer Affairs office offers a mediation program if both parties consent to the process, meaning the office cannot make the manufacturer participate. Local consumer groups can also arrange this.
  
  State-sponsored arbitration takes place through the Consumer Affairs office and will hand down a decision that will either offer a refund or replacement or nothing at all. The person must bring the case to this office within 18 months of the date of purchase to ensure the right of the office to require manufacturer participation. The case and decision usually take place within 45 days of requesting arbitration and manufacturer has three weeks to comply with the ruling.
  
  The consumer can also go through the manufacturer's arbitration process, where a variety of resolutions can come to pass including full or partial refunds, replacement, extended warranty or more repair attempts among others. This process does not have to comply with Lemon Law standards however. Massachusetts law does not require the owner to go through this process if available through the manufacturer and she still can go through state arbitration if she does not agree with the ruling handed down in this process.
  
  

Court

• The commonwealth of Massachusetts also allows consumers to go to court to pursue compensation. A person might choose this avenue first or pursue it after unsatisfactory arbitration rulings. In order to initiate the court process, the owner or the owner's lawyer (the Consumer Affairs office suggests legal representation for this matter) must send the manufacturer a 30 day Demand Letter outlining the consumer's complaint and proposed resolution. The manufacturer has 30 days to respond and offer a proposed solution. If the merchant fails to do so or the consumer rejects the offer, he can then file a claim with the court.