What Vehicles Are Not Covered Under the Massachusetts Lemon Law?
The Massachusetts Lemon Law provides vital protections for consumers purchasing vehicles that turn out to be defective. However, understanding what vehicles are not covered under the Massachusetts lemon law is equally important. Knowing which vehicles fall outside the law’s scope ensures consumers make informed decisions and understand their rights when issues arise. In this blog, we’ll explore what vehicles are not covered under the Massachusetts lemon law, the reasons for their exclusion, and the alternatives available to consumers facing defective vehicle purchases.
Do not hesitate to contact us for more information or to file a lemon claim at 855-385-8182.
Vehicles Purchased for Business Purposes
The Massachusetts Lemon Law specifically protects vehicles used for personal, family, or household purposes. Vehicles purchased for business use, such as delivery vans, construction trucks, or fleet cars, do not qualify. This exclusion ensures the law focuses on individual consumers rather than businesses that purchase vehicles for profit-generating activities.
However, dual-purpose vehicles—those used for both business and personal reasons—may still qualify if their primary use is personal. Buyers in this situation should maintain clear documentation of personal versus business usage to demonstrate eligibility.
Tip: If your business-use vehicle experiences defects, check the manufacturer’s warranty or commercial vehicle protections for possible remedies.
Motorcycles and Mopeds
Massachusetts does not include motorcycles or mopeds under its Lemon Law. These vehicles fall outside the standard definition of covered vehicles such as cars, trucks, and SUVs. Buyers of motorcycles and mopeds must rely on manufacturer warranties, extended service contracts, or consumer protection laws.
Alternative Options: If you experience repeated issues with a motorcycle or moped, consider consulting an attorney who specializes in vehicle warranty law.
Vehicles Purchased from Private Sellers
Private sales are exempt from Lemon Law protection in Massachusetts. Unlike vehicles bought from licensed dealers, private transactions are often considered “as-is,” leaving the buyer responsible for any problems that arise after purchase.
However, sellers must disclose any known defects or issues under Massachusetts consumer protection laws. Buyers who suspect fraud or misrepresentation in a private sale may have legal options to pursue the seller for damages.
Protect Yourself: Always obtain a vehicle history report and have the car inspected by a trusted mechanic before purchasing from a private seller.
Vehicles Exceeding 10,000 Pounds GVWR
The Massachusetts Lemon Law applies only to vehicles with a gross vehicle weight rating (GVWR) of 10,000 pounds or less. Heavier vehicles, such as large commercial trucks or certain recreational vehicles (RVs), do not qualify.
For issues with excluded vehicles, check the manufacturer’s commercial warranty or consult an attorney specializing in consumer law for guidance.
Massachusetts Used Car Lemon Law: Vehicles Sold “As-Is”
The Massachusetts Lemon Law offers protections for used vehicles, but those sold “as-is” are exempt. When a car is sold “as-is,” the buyer assumes all responsibility for its condition. Dealers are legally required to disclose when a vehicle is being sold under these terms, but the law does not protect against subsequent defects.
Pro Tip: If buying a used car under warranty, familiarize yourself with the Massachusetts used car warranty law, which covers certain defects within 90 days or 3,750 miles.
Lemon Law Massachusetts New Car: Vehicles with Tampered Odometers
The Lemon Law does not protect vehicles with tampered or altered odometers. Odometer fraud, which involves rolling back the mileage to misrepresent the vehicle’s usage, disqualifies the car from Lemon Law coverage.
Legal Options: Although the Lemon Law doesn’t apply, odometer tampering is illegal under federal and state laws. Victims of odometer fraud can pursue claims against the seller for misrepresentation.
Vehicles with Cosmetic or Non-Safety Defects
The Massachusetts Lemon Law focuses on substantial defects affecting a vehicle’s use, safety, or value. Cosmetic issues like paint imperfections or minor upholstery damage are not covered unless they compromise the vehicle’s functionality or safety.
Example: A scratch on the exterior would not qualify, but a defect affecting the windshield’s visibility might.
Vehicles Exceeding Mileage or Time Limits
Massachusetts Lemon Law protections are time-sensitive. For new vehicles, the law covers issues arising within the first year of ownership or 15,000 miles, whichever comes first. For used vehicles, coverage applies within the first 90 days or 3,750 miles.
Defects that occur after these limits are not eligible for Lemon Law protection, even if the problem is significant. Consumers must turn to warranties or other legal options for assistance.
How to File a Lemon Law Claim in Massachusetts
If your vehicle qualifies, follow these steps to file a Lemon Law claim in Massachusetts:
- Document Everything
Record all defects, repair attempts, and interactions with the dealer or manufacturer. Obtain repair orders for every service visit. - Notify the Manufacturer
Send written notice to the manufacturer, detailing the defect and requesting a final repair attempt. - Allow a Final Repair Attempt
The manufacturer must have one final opportunity to resolve the issue within seven days of notification. - File for Arbitration
If the defect persists, file an arbitration claim with the Massachusetts Office of Consumer Affairs and Business Regulation (OCABR). This state-run program offers a faster, less costly alternative to court. - Consider Legal Action
If arbitration fails or is bypassed, consult an attorney and file a lawsuit against the manufacturer.
Massachusetts Used Car Warranty Law
For used vehicles under warranty, the Massachusetts used car warranty law offers protections beyond the Lemon Law. The law mandates that dealers repair substantial defects free of charge within the warranty period. Warranty lengths vary by the vehicle’s mileage at the time of sale.
Example: A car with 20,000 miles may come with a 60-day warranty, while a car with 120,000 miles may have a 30-day warranty.
What If Your Vehicle Is Not Covered?
If your vehicle does not qualify for Lemon Law protection, explore these alternatives:
- Manufacturer’s Warranty: Check if your issue falls under the warranty terms.
- Magnuson-Moss Warranty Act: Pursue claims for unfulfilled warranties.
- State Consumer Protection Laws: Massachusetts laws provide remedies for misrepresentation or fraud.
- Small Claims Court: File for damages caused by defects or breach of contract.
Need Help Filing a Lemon Law Claim?
Navigating the Massachusetts Lemon Law can be complex. Whether you’re filing a claim for a new car or exploring options under the Massachusetts used car lemon law, our team can help. Contact us today to protect your investment and ensure your rights are upheld. Call us at 855-385-8182 for more info.
Conclusion
Understanding what vehicles are not covered under the Massachusetts lemon law helps you navigate potential challenges when purchasing a vehicle. While the law excludes certain vehicles, such as those sold “as-is,” motorcycles, or those exceeding the mileage or time limits, there are other legal protections and remedies available. Familiarize yourself with what vehicles are not covered under the Massachusetts lemon law to avoid surprises and ensure your investment is protected.
For those whose vehicles fall outside the Lemon Law’s scope, alternative protections, such as the Massachusetts used car warranty law, provide other avenues for resolution. Remember, you don’t have to face these challenges alone. Contact us today, and let us guide you through the process of filing your Lemon Law claim.
