Lemon Law Demand Letter - Massachusetts

LEMON LAW DEMAND LETTER

COMMONWEALTH OF MASSACHUSETTS

Pursuant to M.G.L. c. 90, § 7N½ and M.G.L. c. 93A, § 9(3)

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED (USPS Article No. [____________________])
AND OVERNIGHT DELIVERY — SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[__/__/____]

TO MANUFACTURER:

[MANUFACTURER FULL LEGAL NAME]
ATTN: Customer Relations / Lemon Law Department / General Counsel
[MANUFACTURER HEADQUARTERS ADDRESS]
[CITY, STATE ZIP]

AND TO DEALER:

[AUTHORIZED DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]

Re: MASSACHUSETTS LEMON LAW DEMAND — STATUTORY NOTICE OF NONCONFORMITY
M.G.L. c. 90, § 7N½; M.G.L. c. 93A, § 9(3)
Consumer: [________________________________]
Vehicle: [____] [________________________________] [________________________________] ([____] trim)
VIN: [________________________________]
Purchase/Lease Date: [__/__/____]
Odometer at Purchase: [__________] miles
Current Odometer: [__________] miles
First Report of Nonconformity: [__/__/____] at [__________] miles

Dear Sir or Madam:

This office represents [________________________________] ("Consumer") in connection with the above-referenced motor vehicle, which qualifies as a "lemon" under the Massachusetts New Car Lemon Law, M.G.L. c. 90, § 7N½, and may also be subject to the Massachusetts Used Vehicle Warranty Law, M.G.L. c. 90, § 7N¼, and the federal Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312.

This letter simultaneously constitutes:

1. Notice to the manufacturer that the threshold under M.G.L. c. 90, § 7N½(4) has been met or exceeded, triggering the manufacturer's one additional opportunity — not to exceed seven (7) business days — to cure; AND
2. A pre-suit demand letter under M.G.L. c. 93A, § 9(3), requiring your written response with a reasonable settlement offer within thirty (30) days. A failure to make a reasonable offer, where the violation is willful or knowing or relief is refused in bad faith, exposes you to double or treble damages and attorney's fees under M.G.L. c. 93A, § 9.

I. MASSACHUSETTS LEMON LAW — STATUTORY FRAMEWORK

A. New Car Lemon Law — M.G.L. c. 90, § 7N½

The Massachusetts New Car Lemon Law covers new motor vehicles purchased or leased in Massachusetts, within the term of protection: one (1) year or 15,000 miles of use from the date of original delivery, whichever comes first (M.G.L. c. 90, § 7N½(1)). It expressly covers lessees under leases of not less than one year.

Excluded vehicles (§ 7N½(1)): only auto homes, vehicles built primarily for off-road use, and vehicles used primarily for business purposes. Motorcycles, vans, and trucks bought for personal/family use are covered (the statute even prescribes a separate reasonable-allowance-for-use fraction for motorcycles). There is no GVWR cap and no minimum-price threshold in the statute.

B. Used Vehicle Warranty Law — M.G.L. c. 90, § 7N¼

Massachusetts separately provides warranty protection for used motor vehicles under M.G.L. c. 90, § 7N¼ (a dealer's mandatory express warranty), distinct from the § 7N½ new-car statute. The warranty duration depends on the vehicle's mileage at the time of sale (§ 7N¼(2)(B)):

(Note: M.G.L. c. 90, § 7N is a different provision — voiding a sale for failure to pass inspection within seven days — not the used-car warranty.)

[CHECK IF APPLICABLE:]
☐ Vehicle is used and Consumer claims rights under M.G.L. c. 90, § 7N¼ (used vehicle warranty)
☐ Vehicle is new and Consumer claims rights under M.G.L. c. 90, § 7N½ (new car lemon law)

C. "Reasonable Number of Attempts" Presumption — § 7N½(4)

Under M.G.L. c. 90, § 7N½(4), a reasonable number of repair attempts is deemed to have been made if, within the term of protection:

☐ Three or more repair attempts for the same nonconformity have been made and the nonconformity continues to exist or has recurred (§ 7N½(4)(a)); OR

☐ The vehicle has been out of service by reason of repair for a cumulative total of 15 or more business days (need not be consecutive) (§ 7N½(4)(b)).

Massachusetts counts business days for the out-of-service threshold. Under § 7N½, "business day" means any day the manufacturer's authorized-dealer service departments are normally open for business.

D. Manufacturer's Final Opportunity to Cure — § 7N½(4)

Once the § 7N½(4)(a) or (4)(b) limit is met or exceeded, the manufacturer is afforded one additional opportunity, not to exceed seven (7) business days, to cure the nonconformity, commencing on the day the manufacturer first knows or should have known the limit was met. THIS LETTER PROVIDES THAT NOTICE and triggers the seven-business-day cure period.

Note: Under M.G.L. c. 90, § 7N½(5), a consumer is not required to give the manufacturer notice of the nonconformity before resorting to state-certified new car arbitration; this notice is provided to document the record and start the manufacturer's final cure period.

E. State-Certified Arbitration — § 7N½(6) (Consumer's Option)

Massachusetts offers a state-certified new car arbitration program administered by the Office of Consumer Affairs and Business Regulation (OCABR) — the arbitrator is appointed by the Director of Consumer Affairs and Business Regulation (201 CMR 11.00), not the Attorney General. Key features:

• The manufacturer must submit to state-certified arbitration if the consumer requests it within eighteen (18) months of original delivery (§ 7N½(6)).
• Arbitration is the consumer's option — it is not a mandatory prerequisite to suit. A consumer may deal directly with the manufacturer, request state-certified arbitration, and/or bring a claim under c. 93A.
• The arbitrator's written finding issues within forty-five (45) days of the request, and is prima facie evidence in any later court action (§ 7N½(6)).
• A manufacturer that loses must refund/replace within 21 days or appeal to Superior Court with a bond; a prevailing consumer is awarded reasonable attorney's fees and costs, and a frivolous manufacturer appeal doubles the award.

F. Chapter 93A — The Massachusetts Multiplier

A violation of § 7N½ is a per se unfair or deceptive act under M.G.L. c. 93A (§ 7N½(7); see also 940 CMR 28.00). Chapter 93A, § 9 provides:

• Actual damages or $25, whichever is greater (§ 9(3));
• Double or treble damages if the court finds the violation was a willful or knowing violation of c. 93A § 2, or that relief was refused in bad faith with knowledge/reason to know the conduct violated § 2 (§ 9(3));
• Reasonable attorney's fees and costs to a prevailing consumer (§ 9(4));
• Additionally, a manufacturer's failure to honor a state-certified arbitration award (or to appeal timely) entitles a prevailing consumer to no less than two times actual damages (§ 7N½(7));
• Four-year statute of limitations — M.G.L. c. 260, § 5A.

30-DAY DEMAND NOTICE: This letter also constitutes the required pre-suit Chapter 93A demand. You must respond in writing within thirty (30) days of receipt. A written tender of settlement that is reasonable in relation to the injury can limit recovery; an unreasonable response or a bad-faith refusal exposes you to enhanced damages and fees.

II. VEHICLE INFORMATION

III. WARRANTY COVERAGE

All nonconformities described herein arose during the active warranty and lemon law protection periods.

IV. DESCRIPTION OF NONCONFORMITY

A. Primary Defect

• System / Component Affected: [________________________________]
• Detailed Description of Defect: [________________________________]
• Date First Reported to Dealer: [__/__/____]
• Odometer at First Report: [__________] miles
• How Defect Manifests (Symptoms): [________________________________]
• Safety Risk: ☐ Yes — [________________________________] ☐ No
• Effect on Use: [________________________________]
• Effect on Market Value: [________________________________]
• Relevant Technical Service Bulletins (TSBs): [________________________________] (if known)

B. Additional Defect(s)

(Repeat for each additional nonconformity)

• System / Component: [________________________________]
• Description: [________________________________]
• Date First Reported: [__/__/____]
• Symptoms: [________________________________]

V. REPAIR HISTORY

Repair Attempt No. 1

Repair Attempt No. 2

Repair Attempt No. 3

(Add additional repair attempts on separate exhibit if needed)

Summary of Repair History

VI. LEMON LAW QUALIFICATION ANALYSIS

A. Statutory Thresholds Met — § 7N½(4)

☐ Three-Repair Threshold (§ 7N½(4)(a)): The same nonconformity ([________________________________]) has been subject to repair [____] times, and continues to exist or has recurred — meeting or exceeding the three-attempt threshold.

☐ Out-of-Service Threshold (§ 7N½(4)(b)): The vehicle has been out of service by reason of repair for a total of [____] business days, meeting or exceeding the 15-business-day threshold.

B. Term of Protection Confirmed

• Original delivery date: [__/__/____]
• One-year anniversary: [__/__/____]
• 15,000-mile limit reached: [__/__/____] (if applicable)
• First report of nonconformity: [__/__/____] — within the term of protection

C. Good-Faith Compliance by Consumer

Consumer has: (1) reported the nonconformity promptly; (2) returned the vehicle for each requested repair; (3) cooperated with dealer personnel; and (4) kept all repair orders. Consumer has fulfilled all obligations under § 7N½.

VII. COMPUTATION OF REFUND DUE

A. Purchase or Lease Refund and Statutory Costs (§ 7N½(3))

For a purchased vehicle, the base refund is the full contract price, including trade-in credits and allowances. For a leased vehicle, the base refund is all payments Consumer made to Manufacturer under the lease. Either base is reduced by any manufacturer cash award accepted to resolve the dispute and by the applicable use allowance. A refund also includes the listed incidental costs and qualifying towing and rental reimbursement.

B. Reasonable Allowance for Use — § 7N½(3)

Under M.G.L. c. 90, § 7N½(3), the manufacturer may deduct a reasonable allowance for use calculated as follows:

Purchased non-motorcycle: Allowance = Total Contract Price × (Miles Traveled Prior to Manufacturer's Acceptance of Return ÷ 100,000)
Leased vehicle: Allowance = Total Payments Made by Consumer to Manufacturer Under Lease × (Miles Traveled Prior to Manufacturer's Acceptance of Return ÷ 100,000)
Motorcycle: Allowance = Total Contract Price × (Miles ÷ 25,000)

Formula: $[________] × ([____] ÷ [100,000 or 25,000]) = $[________]

Note: The statutory numerator is miles traveled before the manufacturer accepts the vehicle's return, not miles at first report. A consumer who retains use of the vehicle after return (as § 7N½(3) permits, until a full refund or acceptable replacement is tendered) will have that continued use reflected in the allowance.

C. Total Refund Demanded

D. Towing and Rental Documentation

E. Chapter 93A Enhanced Damages

If you fail to make a reasonable settlement offer within 30 days of this letter, and the court later finds a willful or knowing violation or a bad-faith refusal of relief, Consumer will seek:

VIII. MANUFACTURER'S FINAL OPPORTUNITY TO CURE

Pursuant to M.G.L. c. 90, § 7N½(4), this letter notifies [Manufacturer] that the § 7N½(4) threshold has been met or exceeded, and affords the manufacturer its one additional opportunity — not to exceed seven (7) business days — to cure the nonconformity(ies) described herein.

Please contact the undersigned within three (3) business days to schedule this final repair attempt. Provide:

• The name and location of the authorized repair facility;
• The technician assigned to the repair;
• Any revised diagnostic steps you intend to take.

If the vehicle is not repaired within seven (7) business days, Consumer may proceed to request state-certified new car arbitration through OCABR and/or pursue a claim under c. 93A.

IX. DEMAND FOR RELIEF

Consumer demands the following. Under § 7N½(3) the manufacturer may offer replacement, but Consumer has an unqualified statutory right to reject replacement and demand a refund:

Primary Relief (Select One):

☐ REFUND / REPURCHASE

Manufacturer shall accept return and tender the $[________________] refund calculated in Section VII.C to Consumer and any lienholder as their interests appear.

☐ REPLACEMENT

Manufacturer shall offer a replacement that complies with § 7N½(3). For a leased vehicle, the replacement must be an identical model for the remaining original lease term. Manufacturer must reimburse replacement-related registration-transfer fees and sales tax and comply with the statutory financing or lease restrictions. Consumer retains the unqualified right to reject replacement and demand refund.

Additional Relief:

1. For a refund, statutory incidental costs and payment to Consumer and any lienholder as their interests appear.
2. For refund or replacement, qualifying towing and reasonable rental costs: $[________________]
3. Reimbursement of attorney's fees incurred to date under Chapter 93A: $[________________]
4. Chapter 93A enhanced damages if a reasonable offer is not made within 30 days and the statutory findings are met.

X. DOCUMENT AND VEHICLE PRESERVATION

You are hereby directed to immediately preserve all documents, data, and physical evidence relating to this vehicle and the reported nonconformities, including:

• All repair orders, work orders, and warranty claim submissions
• All pre-delivery inspection records
• All technical service bulletins (TSBs) relating to the reported defect, including restricted-access TSBs
• All internal communications regarding consumer complaints about the reported defect in this model/year
• All engineering analyses, failure analyses, and technical evaluations
• All correspondence between dealer and manufacturer regarding this vehicle
• The vehicle itself — do not export, sell, auction, destroy, or alter the vehicle or any affected components
• All data from on-board diagnostic systems (OBD-II logs, telemetry data)

Failure to preserve evidence may constitute spoliation and result in adverse inference instructions, sanctions, and separate damages claims.

XI. ARBITRATION NOTICE AND NEXT STEPS

If this matter is not resolved within the deadlines set forth herein, Consumer may:

1. ☐ Request state-certified new car arbitration through the Office of Consumer Affairs and Business Regulation (OCABR) (201 CMR 11.00; www.mass.gov — Lemon Law arbitration), which the manufacturer must submit to if requested within 18 months of original delivery

2. ☐ File a complaint with the Massachusetts Attorney General — Consumer Protection Division under M.G.L. c. 93A for unfair and deceptive trade practices (940 CMR 28.00)

3. ☐ File suit in Massachusetts Superior Court (or a money-damages-only action in District Court under c. 93A, § 9(3A)) for violations of M.G.L. c. 90, § 7N½ and M.G.L. c. 93A, seeking double/treble damages and attorney's fees where the statutory findings are met

4. ☐ File a complaint with the National Highway Traffic Safety Administration (NHTSA) at www.nhtsa.gov if the defect implicates vehicle safety

XII. RESPONSE REQUIRED WITHIN 30 DAYS

CHAPTER 93A NOTICE: Pursuant to M.G.L. c. 93A, § 9(3), you must respond to this demand in writing within thirty (30) days of receipt with a reasonable settlement offer. Your response should include:

1. Your position on whether the vehicle qualifies under M.G.L. c. 90, § 7N½;
2. Your proposed relief (repurchase price or replacement offer);
3. Proposed scheduling for the final repair attempt (if elected);
4. Your calculated reasonable allowance for use; and
5. Any contrary documentation or affirmative defense you assert under § 7N½(3).

If you fail to make a reasonable settlement offer within 30 days and the statutory findings are met, Consumer will seek double or treble damages plus attorney's fees in addition to all other relief available at law and in equity.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
Massachusetts Board of Bar Overseers No. [________________]
[STREET ADDRESS]
[CITY, MA ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [________________________________]

ENCLOSURES:
☐ Copies of all repair orders (Exhibit 1)
☐ Copy of purchase/lease agreement (Exhibit 2)
☐ Copy of manufacturer's warranty booklet (Exhibit 3)
☐ Vehicle registration (Exhibit 4)
☐ Photographs and/or video of defect (Exhibit 5)
☐ Prior consumer correspondence with manufacturer/dealer (Exhibit 6)
☐ Rental car receipts and other incidental damage documentation (Exhibit 7)
☐ Loan/lease account statements (Exhibit 8)
☐ Authorization to represent (Exhibit 9)

cc: [Consumer Name]
[Lienholder/Lessor, if applicable]
Massachusetts Attorney General — Consumer Protection Division
[Client File]

MASSACHUSETTS LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR MASSACHUSETTS ATTORNEYS

☐ Two Statutes: Always evaluate both § 7N½ (new) and § 7N¼ (used). Many clients with used vehicles overlook § 7N¼ protection. (Do not confuse § 7N¼ with § 7N, which voids a sale for failure to pass inspection within seven days.)

☐ Business Days Count: The 15-day out-of-service threshold is in business days — under § 7N½, days the manufacturer's authorized-dealer service departments are normally open. Recount carefully.

☐ Allowance Uses Miles at Return: The § 7N½(3) reasonable allowance for use divides by 100,000 (25,000 for motorcycles), with a numerator of miles before the manufacturer's acceptance of the vehicle's return — not miles at first report. Track the return date carefully.

☐ Chapter 93A Demand Mandatory: If planning to seek 93A damages (double/treble + attorney fees), this letter must satisfy the 30-day pre-suit demand requirement (§ 9(3)). Do not skip it.

☐ Arbitration Is Optional for the Consumer: Under § 9(6), a 93A claimant need not exhaust administrative remedies. Under § 7N½(6), arbitration is the consumer's option; the manufacturer must submit if the consumer requests within 18 months of delivery. The consumer is not required to arbitrate before suing.

☐ 940 CMR 28.00: The AG's motor vehicle sales regulations under 93A provide additional per se violation grounds, including failure to disclose prior damage, odometer discrepancies, and material misrepresentations.

☐ MMWA Federal Claim: Magnuson-Moss provides another avenue for attorney fee recovery. Consider U.S. District Court (District of Massachusetts) if federal jurisdiction is advantageous.

☐ Arbitration Administrator: State-certified new and used car arbitration is administered by OCABR (Office of Consumer Affairs and Business Regulation), 201 CMR 11.00 — not the Attorney General. Filing information is available at www.mass.gov.

SOURCES AND REFERENCES

• M.G.L. c. 90, § 7N½ (New Car Lemon Law): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section7N1~2
• M.G.L. c. 90, § 7N¼ (Used Vehicle Warranty Law): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section7N1~4
• M.G.L. c. 93A, § 9 (private remedy; demand; double/treble; fees): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93A/Section9
• 201 CMR 11.00 (OCABR — new and used motor vehicle arbitration): https://www.mass.gov/regulations/201-CMR-1100-new-and-used-motor-vehicle-arbitration
• 940 CMR 28.00 (AG Motor Vehicle Regulations): https://www.mass.gov/regulations/940-CMR-2800-motor-vehicle-regulations
• Guide to New and Leased Car Lemon Law (Mass.gov): https://www.mass.gov/guides/guide-to-new-and-leased-car-lemon-law
• Guide to Used Vehicle Warranty Law (Mass.gov): https://www.mass.gov/guides/guide-to-used-vehicle-warranty-law
• Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Massachusetts attorney before use.