Consumer Assistance Council

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Automotive problem assistance

Complaints about auto sales and auto repairs keep us busier than any other type of consumer complaint. Whether it’s about warranties, sloppy repairs, usurious interest rates or newly purchased vehicles that won’t run or won’t pass inspection, we are flooded with problems every day.

We have had complaints about cars that broke down on the way home from the dealer or that failed inspection and the dealership refused to do anything to help. They are required under the law to help.

Here is information that can help you deal effectively with the auto sales and repair businesses.

One of the most important things to note is that nearly all vehicles sold in Massachusetts for $701 or more by a dealer have a warranty, even if the window sticker says the car is not warranted.

Does your newly purchased new or used car have a defect which impairs your safety or your ability to drive it? If so, you may be eligible for different types of recourse under the state lemon laws.

A car may be eligible for Lemon Law compensation if:

  • It was bought in Massachusetts and cost more than $700.
  • It’s used for personal or family purposes, not business
  • It is a brand new car or a used car with fewer than 125,000 miles on the odometer at the date of sale
    • Used cars with over 125,000 miles may still be eligible if they fail inspection within 7 days after purchase
  • You discover within the time of warranty it has a serious problem
  • You tell the original dealer about the problem…
    …and they do not fix it before the warranty runs out


If your new or used car meets the criteria, you may be eligible for a refund

The Lemon Law doesn’t cover everything. It doesn’t cover defects that:

  • Affect appearance only
  • Are covered by the manufacturer’s express warranty and the dealer assures that the repairs were made
  • Are caused by negligence, abuse, vandalism, or accidents unrelated to the defect
  • Are caused by repair attempts made by someone other than the dealer, its agent, or the manufacturer. This obne is important because we get many complaints about repair attempts made by independent repair shops that then void the warranty
  • Are caused by substantial change made by you to the car.

Your Limited Used Vehicle Warranty

Dealers selling used vehicles that have less than 125,000 on the odometer must:

  • Provide you with a correct, written warranty against the defects that impair the vehicle’s use or safety. This warranty explains the timeframe during which you are entitled to warranty repairs (the term of protection). 
  • The warranty must be signed and dated and given to when you purchase the vehicle.

The warranty cannot be waived. If the dealer does not provide you with the warranty, or gives you one that is incomplete or inaccurate, you are still entitled to warranty repairs but your term of protection extends past the original warranty period.  

The dealer cannot charge you more than $100 total for warranty repairs, no matter how many defects are subject to repair, and they can only charge you that $100 if they clearly indicate it on your copy of the Limited Used Vehicle Warranty. 

Your Vehicle's Term of Protection

Your used vehicle has a set time frame during which it is eligible for repairs!

You vehicle is eligible for mandatory repairs if the defects occur during your vehicle’s term of protection, which is based on how many miles are on the odometer at the time of sale.

Less than 40,000 miles:

90 days or 3,750 miles driven since purchase

40,000 – 79,999 milesP:

60 days or 2,500 miles driven since purchase

80,000 – 124,999 miles

30 days or 1,250 miles driven since purchase

More than 125,000 miles

No lemon law warranty

If the true mileage is unknown at the time of sale, the warranty period is calculated according to the age of the car.

Vehicle Repair Process and Warranty Extensions

If you’ve confirmed that your vehicle is eligible under the Lemon Law and still within it’s warranty period, the selling dealer is required to accept the vehicle within 3 business days of a telephone or written request for repair. The selling dealer cannot deny your repair request, but they can arrange for another shop to make the repairs on their behalf. 

The dealer has a total of 11 business days (consecutive or non-consecutive) or 3 repair attempts to fix the defect. A business day under this law is Monday through Friday, excluding state or federal holidays, and any part of a business day counts as a whole day.

If the dealer refuses to take the car or doesn’t take it within 3 business days, it’s considered an invalid refusal and you can start counting days out of service beginning the day you asked them to take it.

There are also some instances that may allow for an extension of your warranty period (meaning you may have more time to get the vehicle repaired):

  • If the dealer didn’t give you a warranty or gave you one that is incomplete or inaccurate, your warranty doesn’t begin to expire until you have a complete and accurate copy.
  • If the dealer needs to order parts during a repair attempt, the days out of service while waiting for parts do not count toward the 11 business day requirement of the law. However, they must keep the vehicle in their possession and your warranty extends by one day for every day they have it. A maximum of 21 calendar days during the warranty period will not be counted toward the 11 business day limit if parts are ordered.
  • Any repair performed on a covered defect during the warranty period carries its own 30-day warranty. This warranty begins the day the repair is completed and can continue after the original warranty on the car as a whole expires.
  • You have a 5-day grace period to get your vehicle to the selling dealer if the vehicle’s defect occurs during the warranty period but you didn’t take it for repairs until after the warranty expires. But be warned, you have to prove that the defect occurred during the warranty period and not during those five business days after the warranty expires. You may also receive a 1-day extension for each day after the 5 days if you cannot reasonably get the car in for returns (for instance if you are in the hospital). 

Dealer Repurchase (Buyback) of Your Vehicle

 The dealer has a right to offer to buy back your car instead of making repairs. 

  • You are responsible for helping to determine the refund by giving the dealer copies of your receipts and other documents for each cost to be reimbursed.

Tips on Buying A Used Car

By Larry Bornstein, Senior Consumer Advocacy Case Manager

  • Check “Consumer Reports” auto edition — buy or find in the library
  • Only deal with a reputable dealer — check online reviews
  • Be cautious of side of the road used car lots, especially with flags on vehicles
  • Familiarize yourself with the Massachusetts Lemon Law
  • Only deal with a profitable and trusted dealership. They will be more flexible.
  • Familiarize yourself with warranties — learn the difference between an Implied versus Expressed warranty.
  • Avoid extended warranties — they are generally a poor investment.
  • If you are uncomfortable in the buying process, bring a knowledgeable person with you.
  • The quality of a vehicle is more important than its looks
  • Before purchasing, give a refundable deposit then get a second opinion from your trusted mechanic; this should cost from $100 to $300
  • Use the VIN number and get a Carfax report (a history of the vehicle)
  • Try a bank or second source of financing to compare loan rates
  • Most important is to go online and check recalls

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