Knowing the used car lemon laws in Massachusetts can protect you if something goes wrong with your car (and van, truck or demonstration vehicle) right after purchase. The used car lemon laws apply whether you buy the car from a dealer or a private party, although requirements for dealers are different from requirements for private parties. Demonstrating your knowledge of these laws during the buying process may even prevent you from being sold a lemon.
Function
Thanks to the used-car Lemon Laws (also called the Used Vehicle Warranty Law) in Massachusetts, dealers must provide you with a written warranty that applies to defects that make the car unsafe or unusable. Private parties must disclose any known defects that affect use and safety. If such defects are discovered after the car is purchased, the law calls for repairs, refunds or repurchases. However, it does not cover all vehicles or all defects.
Qualifications
If you're buying a used car, van, truck or demonstration vehicle that is sold by a Massachusetts dealer, costs at least $700 and has 125,000 or fewer miles when sold, then your car is covered. Also, if you buy from a private party, your vehicle is covered by the Lemon Laws, regardless of cost and mileage. Motorcycles, mopeds, leased vehicles and business vehicles and off-road vehicles are not covered.
Remedies Under the Lemon Laws -- Private Parties
If your used car is covered under the Lemon Laws of Massachusetts and you find a defect, you don't automatically get free repairs or get your money back. The defect must significantly impair the vehicle's safety or use. Also, you must prove that the seller knew about the defect and didn't disclose it. If these criteria are met and it's within 30 days of the purchase, you can cancel the sale and are entitled to a refund of the purchase price, less 15 cents per mile used. However, even if the Lemon Law doesn't apply to your car, the "Lemon Aid Law" in Massachusetts may. If your car fails inspection within seven days of purchase, the Lemon Aid Law applies. See below for a link with complete Lemon Aid Law details.
Remedies Under the Lemon Laws -- Dealers
Used cars bought from dealers (anyone who sells four or more vehicles in one year) also have to have defects that significantly impair the safety or use of the vehicle in order for used-car Lemon Laws to apply. Defects aren't covered under Lemon Laws if they only affect appearance, are covered under the vehicle's warranty and repaired, are caused by negligence or abuse, are caused by repair attempts made by someone other than the dealer or are caused by something you did (i.e. installing a stereo system). The Lemon Laws entitle you to a refund if your car was repaired three times for the same defect (significantly affecting use or safety) or if the car was out of service being repaired for a total of 11 business days (Monday through Friday) during the warranty time frame. This includes days that the car was out of service due to the dealer wrongly refusing to repair the defect.
Length of Used-Car Coverage
Used cars are covered for 30 days after purchase if bought from a private party. If you bought your used car from a dealer, your coverage length depends on vehicle mileage at the time it's sold to you. Cars with less than 40,000 miles are covered for 90 days or 3,750 miles (whichever comes first); cars with 40,000 to 79,999 miles are covered for 60 days or 2,500 miles; cars with 80,000 to 124,999 miles are covered for 30 days or 1,250 miles.
0 comments:
Post a Comment