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, § 7N, and the federal Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312.

This letter simultaneously constitutes:

1. Written notification to the manufacturer of the need for repair under M.G.L. c. 90, § 7N½, triggering a final seven (7) business day repair opportunity; 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. Failure to respond reasonably will subject you to mandatory double or treble damages and attorney's fees in any subsequent litigation.

I. MASSACHUSETTS LEMON LAW — STATUTORY FRAMEWORK

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

The Massachusetts New Car Lemon Law provides one of the most consumer-protective schemes in New England. It covers new motor vehicles purchased or leased in Massachusetts primarily for personal, family, or household use, within the term of protection: one (1) year or 15,000 miles from original delivery, whichever comes first.

Excluded vehicles: Motor homes; commercial vehicles with a GVWR exceeding 10,000 pounds; motorcycles; off-road vehicles; and vehicles with a purchase price below the AG's prescribed threshold (if applicable). M.G.L. c. 90, § 7N½(1).

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

Massachusetts also provides warranty protection for used motor vehicles under M.G.L. c. 90, § 7N, an important distinction not present in most states. Used vehicle protections vary by the age and mileage of the vehicle at the time of sale; the warranty period ranges from 30 to 90 days or 1,250 to 3,750 miles (whichever comes first) depending on vehicle age.

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

C. Lemon Law Presumption — § 7N½(2)

Under M.G.L. c. 90, § 7N½(2), there is a rebuttable presumption that a vehicle is a lemon if, within the term of protection:

☐ Three or more repair attempts for the same nonconformity have been made without success; OR

☐ The vehicle has been out of service for 15 or more business days (not necessarily consecutive) due to repair of one or more nonconformities.

Massachusetts counts business days for the out-of-service threshold — this is more favorable to consumers than states counting calendar days.

D. Notice Requirement — § 7N½(4)

Before pursuing arbitration or litigation, the consumer must provide written notification to the manufacturer of the defect. Upon receipt, the manufacturer has seven (7) business days to make a final repair attempt. THIS LETTER CONSTITUTES THAT REQUIRED WRITTEN NOTICE.

If the manufacturer fails to repair the nonconformity within seven (7) business days of receiving this notice, the consumer may immediately proceed to the Attorney General's Lemon Law Arbitration Program.

E. Mandatory Arbitration Before Litigation — § 7N½(5)

Massachusetts requires consumers to exhaust the Lemon Law Arbitration Program administered by the Office of the Massachusetts Attorney General before filing suit. The program is:

• Free to consumers
• Administered by the AG's Consumer Protection Division (One Ashburton Place, Boston, MA 02108; (617) 963-2000)
• Binding on the manufacturer if the consumer accepts the decision
• The consumer may reject the arbitration decision and proceed to Superior Court or District Court

Arbitration hearings are typically scheduled within 45 days of the complaint filing. Failure by the manufacturer to participate in good faith may itself constitute a violation of M.G.L. c. 93A.

F. Chapter 93A — The Massachusetts Multiplier

In addition to rights under § 7N½, Consumer may pursue claims under M.G.L. c. 93A (the Massachusetts Consumer Protection Act). Manufacturer's violation of the Lemon Law and failure to repurchase a qualifying vehicle constitute unfair or deceptive acts or practices under 940 CMR 28.00 and may constitute per se Chapter 93A violations. Chapter 93A provides:

• Actual damages or statutory minimum of $25 (whichever is greater) — § 9(3)
• Mandatory double or treble damages for willful or knowing violations — § 9(3)
• Mandatory attorney's fees and costs — § 9(4)
• 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 with a reasonable settlement offer within thirty (30) days of receipt. Failure to respond, or responding with an unreasonable offer, will result in mandatory enhanced damages.

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

☐ Three-Repair Threshold (§ 7N½(2)(a)): The same nonconformity ([________________________________]) has been subject to repair [____] times without success, meeting or exceeding the three-attempt threshold.

☐ Out-of-Service Threshold (§ 7N½(2)(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 Price and Collateral Charges

B. Mileage Offset Calculation — § 7N½(3)(b)

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

Mileage Offset = Purchase Price × (Miles Driven Before First Report of Nonconformity ÷ 100,000)

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

Note: Massachusetts uses only miles driven before the FIRST report of the nonconformity — not current mileage — making the offset typically small when the defect manifests early.

C. Total Refund Demanded

D. Incidental Damages

E. Chapter 93A Enhanced Damages

If you fail to make a reasonable settlement offer within 30 days of this letter, and this matter proceeds to litigation, Consumer will seek:

VIII. FINAL REPAIR OPPORTUNITY

Pursuant to M.G.L. c. 90, § 7N½(4), this letter provides [Manufacturer] with a final repair opportunity. You have seven (7) business days from receipt of this certified letter to repair or 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, or if you do not contact us to schedule a final repair attempt, Consumer will immediately proceed to file for arbitration with the Massachusetts Attorney General's Lemon Law Arbitration Program.

IX. DEMAND FOR RELIEF

Consumer demands the following, at Consumer's election:

Primary Relief (Select One):

☐ REFUND / REPURCHASE

Manufacturer shall repurchase the vehicle and pay Consumer: $[________________] (total refund per Section VII.C above), plus payoff of any outstanding loan or lease balance directly to the lienholder/lessor.

☐ REPLACEMENT

Manufacturer shall provide Consumer with a comparable new motor vehicle of the same or similar make, model, trim, and feature set, at no cost to Consumer (less any mileage offset, if applicable), and pay off any outstanding loan or lease balance.

Additional Relief (Both Options):

1. Reimbursement of all incidental damages: $[________________]
2. Payoff of outstanding loan/lease balance to: [________________________________]
3. Reimbursement of attorney's fees incurred to date: $[________________]
4. Chapter 93A enhanced damages if reasonable offer is not made within 30 days

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 will:

1. ☐ File a lemon law complaint with the Massachusetts Attorney General's Lemon Law Arbitration Program (One Ashburton Place, 18th Floor, Boston, MA 02108; (617) 963-2000; www.mass.gov/lemonlaw)

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

3. ☐ If arbitration decision is unsatisfactory, file suit in Massachusetts Superior Court (Suffolk County, or county of Consumer's residence) for violations of M.G.L. c. 90, § 7N½ and M.G.L. c. 93A, seeking treble damages and mandatory attorney's fees

4. ☐ File a complaint with the National Highway Traffic Safety Administration (NHTSA) at www.safercar.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 mileage offset; and
5. Any consent records or contrary documentation you possess.

If you fail to make a reasonable settlement offer within 30 days, Consumer will seek mandatory 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 § 7N (used). Many clients with used vehicles overlook § 7N protection.

☐ Business Days Count: The 15-day out-of-service threshold is in business days — weekends and holidays do not count. Recount carefully using a business-day calendar.

☐ Early Defect = Tiny Offset: The mileage offset uses miles at first report — not current mileage. A defect reported at 1,000 miles on a $40,000 car yields an offset of only $400. Emphasize this in negotiations.

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

☐ Arbitration Must Come First: Consumer cannot file suit until after completing the AG's arbitration program (unless manufacturer fails to participate in good faith). Track the arbitration timeline carefully.

☐ 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. File in U.S. District Court (District of Massachusetts, Boston) if federal jurisdiction is advantageous.

☐ AG Program Contact: Massachusetts AG Lemon Law Arbitration Program: (617) 963-2000; website: www.mass.gov/lemonlaw. Forms are available online. Filing is free.

SOURCES AND REFERENCES

• M.G.L. c. 90, § 7N½: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section7N1%2F2
• M.G.L. c. 90, § 7N: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section7N
• M.G.L. c. 93A: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93A
• 940 CMR 28.00 (Motor Vehicle Regulations): https://www.mass.gov/regulations/940-CMR-2800-motor-vehicle-regulations
• Massachusetts AG Lemon Law Program: https://www.mass.gov/info-details/massachusetts-lemon-law
• Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312
• Massachusetts AG Consumer Protection Division: https://www.mass.gov/orgs/consumer-protection-division

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