What Is Considered A Substantial Impairment?

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What Is Considered A Substantial Impairment?

The Lemon Law only covers serious defects—those which substantially impair the use, marketvalue or safety of the vehicle. The law does not list the defects which are considered substantial. You must be able to demonstrate specifically how the use, safety or market value of your vehicle is substantially impaired by the defect. For example, to prove market value impairment, you must show that your vehicle is worth at least 10 percent less than it would be without the defect. Although a defect may be annoying, it is not necessarily substantial.

Other Massachusetts Lemon Law FAQs

Q: What Is The Lemon Law?
A: The Massachusetts Lemon Law protects consumers who have serious defects in their new cars. The law defines a lemon as a new or leased motor vehicle that has a defect … More
Q: What Vehicles Are Covered Under The Lemon Law?
A: Any new car, motorcycle, van or truck bought in Massachusetts from a newcar dealer for personal or family purposes is covered by the Lemon Law for the term of … More
Q: What Is Not Covered By The Lemon Law?
A: autohomes; vehicles built primarily for offroad use; vehicles used primarily for business purposes; vehicles with defects caused by owner negligence, … More
Q: What Is The Lemon Law Term Of Protection?
A: The term of protection is one year or 15,000 miles of use from the date of original delivery, whichever comes first. This means that the defects you are complaining … More
Q: What Is Considered A Reasonable Number Of Repair Attempts?
A: The Lemon Law gives the manufacturer, its agent or authorized dealer a reasonable number of attempts to repair the substantial defect. This standard is met if, within … More
Q: The Problem Still Exists, What Should I Do Next?
A: If the substantial defect continues or recurs after the manufacturer or authorized dealer has made a reasonable number of repair attempts to repair the defect, you … More
Q: What Can I Expect If I Choose To Have The Manufacturer Give Me A Replacement Vehicle?
A: If your vehicle qualifies as a lemon and the manufacturer offers you a replacement vehicle, it must be one that is acceptable to you. You are free to reject a … More
Q: What Can I Expect If I Choose To Have The Manufacturer Give Me A Refund?
A: New Vehicles: If you choose to get a refund, you will receive the full contract price of the vehicle including all credits and allowances for any tradein … More
Q: What Are My Options If The Manufacturer Does Not Replace The Vehicle Or Offer A Refund?
A: If the manufacturer will not refund your money or replace the vehicle, you have several options. You may seek mediation, arbitration, or file suite in court. … More
Q: Where Can I Get Additional Information?
A: For information on your rights under the Lemon Law, to obtain an arbitration application, or case hearing information: Office of Consumer Affairs and Business … More

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