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Massachusetts – Laws §7N 1/2

Vehicles Covered:

Vehicles sold, leased, or replaced, including motorcycles. Excludes auto homes, off-road vehicles and vehicles used for business purposes.

Persons Covered:

Consumer buyers, lessees, transferees during express warranty period or any persons entitled to enforce the warranty.

Period Covered:

Whichever comes first: One year or 15,000 miles from date of delivery.

Notice Requirement:

(a) Manufacturer – notice of consumer rights must be on the window sticker, and in the owner's manual; (b) Consumer – notice to the manufacturer, its agent or authorized dealer, but the consumer does not need to provide notice prior to arbitration.

Repair Requirements:

It is presumed that a reasonable number of attempts have been made if the same nonconformity has been subjected to three or more repairs, or the vehicle is out of service for a cumulative total of 15 or more business days, plus a final repair attempt.

Affirmative Defenses:

The nonconformity does not significantly impair the use, market value or safety of the vehicle, or is the result of the consumer's negligence, or is caused by an accident, vandalism or unauthorized repair or modification.

Replacement/Refund:

At the consumer's option, the manufacturer shall replace the vehicle, or refund the full purchase price less a reasonable use allowance (defined).

Other Reimbursement:

Incidental costs, fees, and charges: refund to the consumer and lienholder.

Other remedies:

There is no limit on other consumer remedies. The manufacturer's failure to comply with the statute is an unfair or deceptive act.

Arbitration:

The manufacturer shall submit to a state-certified arbitration if requested by the consumer.

Resale of Lemon:

Full disclosure.