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#Used Vehicle Warranty Law

A Massachusetts Consumer Guide:

The Used Vehicle Warranty Law

The Used Vehicle Warranty Law protects consumers who buy used vehicles from a dealer or private party in Massachusetts. ( M.G.L. c. 90 7N 1/4 ) The law requires dealers to provide consumers with a written warranty against defects that impair the vehicle s use or safety, and requires private parties to disclose any known use or safety defects.

The Used Vehicle Warranty Law provides you with protections and remedies, including mandatory repairs, refunds, or repurchases. It does not cover all vehicles or all defects, and not all problems will qualify your vehicle for repurchase.

If you purchased a vehicle fewer than 14 days ago, the fastest way to get relief may be through the Lemon Aid Law .

Vehicles Covered:

The law applies to used cars, vans, trucks and demonstration vehicles not covered by the New Car Lemon Law. and which:

• are sold by a Massachusetts dealer or private party,
• cost at least $700 (dealer sales only),
• have fewer than 125,000 miles on the odometer when sold (dealer sales only).

Demonstration or executive vehicles are covered under the law under certain circumstances. You must first determine whether the vehicle meets the requirements of the New Car Lemon Law. You may use the Used Vehicle Warranty Law only if you do not qualify to be accepted for the New Car Lemon Law .

Vehicles Not Covered:

The following are not covered under the Used Vehicle Warranty Law:

• motorcycles, mopeds, dirtbikes;
• leased vehicles;
• auto homes, and vehicles built primarily for off-road use;
• any vehicle used primarily for business purposes, or purchased by, owned by or registered to a business

Private Party Sales:

The Used Vehicle Warranty Law applies differently to a vehicle purchased from a private party than it does if purchased from a dealer. Under the law, a dealer is anyone who sells four or more vehicles in a 12 month period.

The Used Vehicle Warranty Law requires private party sellers to inform buyers about any and all known defects which impair the safety or substantially impair the use of the vehicle. The law applies to all private party sales regardless of sales price or mileage. If you discover a defect that impairs the vehicle s safety or substantially impairs the use, and can prove that the seller knew about the defect but failed to disclose it, you may cancel the sale within thirty days of purchase. The seller must refund the amount you paid for the vehicle, less 15 cents per mile of use.

Private parties are also bound by the Lemon Aid Law .

DEALER SALES

Defects Covered: Only defects that impair your vehicle s use or safety are covered. Defects are not covered if they:

• 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; or
• are caused by substantial change made by you to the vehicle (such as installing a sunroof that was not part of the vehicle when you bought it).

Warranty Length: The coverage depends on the mileage of the vehicle at the time of purchase as outlined below: