Lemon Law Complaint

COMMONWEALTH OF MASSACHUSETTS

[___] COUNTY SUPERIOR COURT
Civil Action No. __________

________________________________,\
Plaintiff,

v.

________________________________,\
Defendant(s).
________________________________/

VERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL

(Massachusetts New-Vehicle “Lemon Law” – M.G.L. c. 90, § 7N½)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Parties
4. Jurisdiction & Venue
5. Factual Allegations

6. Counts
   • Count I – Violation of Massachusetts Lemon Law
   • Count II – Breach of Express Warranty (optional)
   • Count III – Breach of Implied Warranty of Merchantability (optional)

7. Prayer for Relief

8. Demand for Jury Trial
9. Verification
10. Signature Block
11. Certificate of Service

1. DOCUMENT HEADER

1.1 Effective Date: [DATE OF FILING]
1.2 Governing Law: Massachusetts General Laws c. 90, § 7N½ (“Lemon Law”)
1.3 Forum: Massachusetts state court (per forum-selection metadata)
1.4 Injunctive Relief Sought: Vehicle replacement and/or refund
1.5 Liability Cap Asserted: Fair market value or purchase price of Vehicle, whichever is higher (per metadata)

2. DEFINITIONS

For purposes of this Complaint, the following capitalized terms shall have the meanings set forth below:

“Arbitration Program” – The Massachusetts Lemon Law Arbitration Program administered by the Office of Consumer Affairs and Business Regulation (“OCABR”).

“Manufacturer” – [FULL LEGAL NAME OF VEHICLE MANUFACTURER].

“Nonconformity” – Any defect or condition that substantially impairs the use, market value, or safety of the Vehicle and that is covered by the Manufacturer’s express warranty.

“Purchase Agreement” – The Retail Installment Sales Contract or other written agreement dated [PURCHASE DATE] pursuant to which Plaintiff purchased the Vehicle.

“Vehicle” – One [YEAR] [MAKE] [MODEL], Vehicle Identification Number (“VIN”) [VIN], purchased new by Plaintiff on [PURCHASE DATE].

3. PARTIES

3.1 Plaintiff.
 a. Name: [PLAINTIFF NAME], an individual residing at [ADDRESS].
 b. Standing: Plaintiff is the purchaser and current owner of the Vehicle.

3.2 Defendant Manufacturer.
 a. Name: [MANUFACTURER], a [STATE] corporation with its principal place of business at [ADDRESS].
 b. Business in MA: Defendant manufactures and distributes motor vehicles for sale in the Commonwealth.

3.3 Defendant Dealer (if applicable).
 a. Name: [DEALER], a Massachusetts corporation with its principal place of business at [ADDRESS].
 b. Role: Sold the Vehicle to Plaintiff and performed warranty repairs under the Manufacturer’s direction.

4. JURISDICTION & VENUE

4.1 Subject-Matter Jurisdiction lies pursuant to M.G.L. c. 212, § 3 (Superior Court civil jurisdiction exceeding $25,000).

4.2 Personal Jurisdiction is proper because each Defendant transacts business and commits tortious acts within Massachusetts.

4.3 Venue is proper in [___] County under M.G.L. c. 223, §§ 1, 2 because (i) Plaintiff resides here; (ii) the Vehicle was purchased, delivered, and serviced here; and (iii) the causes of action arose here.

5. FACTUAL ALLEGATIONS

5.1 Purchase. On [PURCHASE DATE], Plaintiff purchased the Vehicle from Dealer for a total purchase price of $[___], inclusive of taxes and fees.

5.2 Warranty. At the time of sale, Manufacturer issued a comprehensive new-vehicle limited warranty covering the Vehicle for [___] years or ☐ miles.

5.3 Defects. Beginning on or about [FIRST DEFECT DATE], the Vehicle manifested the following Nonconformities:
 a. [DEFECT #1 – e.g., Engine stalls without warning]
 b. [DEFECT #2 – e.g., Transmission slips between gears]
 c. [Add additional defects as necessary]

5.4 Repair Attempts.
 a. The Vehicle has been presented to authorized dealers for repair on at least three (3) separate occasions for the same Nonconformities, specifically on [DATES].
 b. Cumulatively, the Vehicle has been out of service for repair for more than fifteen (15) business days within the first year or 15,000 miles.

5.5 Notice. On [NOTICE DATE], Plaintiff provided written notice by certified mail to Manufacturer in compliance with M.G.L. c. 90, § 7N½(5), demanding a refund or replacement.

5.6 Arbitration Compliance.
 a. On [ARBITRATION DEMAND DATE], Plaintiff submitted the dispute to the Arbitration Program.
 b. The arbitration decision was issued on [DECISION DATE] in Plaintiff’s favor, ordering replacement/refund, which Defendants have refused to honor.
  —or—
 c. Manufacturer elected not to participate in arbitration within the statutory timeframe, thereby waiving any mandatory arbitration defense.

5.7 Continued Defects. Despite repeated opportunities, Defendants failed to repair the Nonconformities or provide a replacement/refund.

5.8 Damages. Plaintiff has incurred (i) loss of use, (ii) incidental and consequential expenses, (iii) diminution in Vehicle value, and (iv) attorneys’ fees.

6. COUNTS

Count I – Violation of Massachusetts Lemon Law

(M.G.L. c. 90, § 7N½)

6.1 Plaintiff realleges ¶¶ 1–5.8.

6.2 The Vehicle is a “new motor vehicle” covered by § 7N½.

6.3 The Nonconformities substantially impair the Vehicle’s use, market value, or safety and arose within the first one (1) year or 15,000 miles.

6.4 Defendants received timely notice and a reasonable number of repair attempts but failed to conform the Vehicle to the express warranty.

6.5 Under § 7N½(4), Plaintiff is entitled to a replacement Vehicle of comparable value or a refund of the full contract price, less a statutory mileage offset, plus incidental damages and reasonable attorneys’ fees.

Count II – Breach of Express Warranty (optional)

6.6 Defendants expressly warranted that the Vehicle would be free from defects in materials and workmanship during the warranty period.
6.7 Defendants breached that warranty by failing to repair the Nonconformities.
6.8 Plaintiff seeks all remedies available under Article 2 of the Uniform Commercial Code as adopted in Massachusetts.

Count III – Breach of Implied Warranty of Merchantability (optional)

6.9 Defendants, as merchants of motor vehicles, impliedly warranted that the Vehicle was fit for its ordinary purpose of safe transportation.
6.10 The persistent Nonconformities rendered the Vehicle unmerchantable.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment against Defendants, jointly and severally, awarding:

A. A refund of the full purchase price (including all collateral charges, taxes, registration fees, finance charges, and insurance premiums) or, at Plaintiff’s election, a replacement Vehicle of comparable value;
B. Incidental and consequential damages;
C. Reasonable attorneys’ fees and costs as mandated by § 7N½(6);
D. Pre- and post-judgment interest at the statutory rate;
E. Such other and further relief—including injunctive relief compelling replacement—as the Court deems just and proper.

8. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right.

9. VERIFICATION

I, [PLAINTIFF NAME], verify under the pains and penalties of perjury that I have read the foregoing Complaint and that the facts stated herein are true and correct to the best of my knowledge, information, and belief.

Date: _________________ __________________________________
[PLAINTIFF NAME]

10. SIGNATURE BLOCK

Respectfully submitted,
For the Plaintiff,

__________________________________
[ATTORNEY NAME] (BBO #_______)
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

Dated: _____________

11. CERTIFICATE OF SERVICE

I hereby certify that on this ____ day of ____________, 20__, I caused a true and correct copy of the foregoing Complaint to be served upon all counsel/parties of record via [METHOD].

__________________________________
[ATTORNEY NAME]