Somerville Lemon Law

Most Somerville owners begin with the state-certified arbitration program run by the Office of Consumer Affairs and Business Regulation (OCABR), which is free and binds the manufacturer if you apply within 18 months of delivery. If you bypass arbitration or appeal an arbitration result, civil suits are filed in Middlesex County Superior Court in Woburn for damages over $50,000 or in Somerville District Court for smaller matters. Pure Chapter 93A claims can also be filed in Superior Court regardless of amount. An attorney typically handles venue selection because the choice affects discovery scope and trial timing.

Cold-weather defects are some of the most common Somerville complaints. Repeated deep freezes drain 12V batteries on cars parked curbside, road brine accelerates brake and underbody corrosion, and EVs lose 20-30 percent of advertised range on sub-20-degree mornings. Massachusetts judges and OCABR arbitrators routinely treat these as nonconformities when the manufacturer cannot repair them within three attempts or 15 business days out of service. Document each cold-start failure, range-loss screen, and dead-battery jump in writing. Photos of the dashboard, the temperature, and the date strengthen the file substantially.

Yes. Massachusetts is the only state with a true used-car lemon law. M.G.L. c. 90, section 7N1/4 requires any dealer selling a used vehicle for at least $700 with fewer than 125,000 miles to provide a tiered express warranty: 90 days or 3,750 miles under 40,000 miles at sale, 60 days or 2,500 miles between 40,000-79,999, and 30 days or 1,250 miles between 80,000-124,999. After three repair attempts or 10 business days out of service for the same substantial defect, you are entitled to a full refund minus $0.15 per mile driven. Private sales have a narrower 30-day implied warranty.

Yes, under M.G.L. c. 93A any lemon law violation is per se an unfair and deceptive trade practice. If the manufacturer's conduct was willful or knowing, or if it rejected a reasonable settlement demand in bad faith, the court must award between double and triple your actual damages plus attorney's fees and costs. The process starts with a 30-day demand letter citing the specific repair history, the defect, and the remedy requested. Manufacturers that respond with a written settlement offer the court later finds reasonable can cap their exposure to that offer. Working with an attorney before sending the demand is critical.

Yes. The Massachusetts New Car Lemon Law covers all new motor vehicles sold or leased for personal use, including battery-electric and plug-in hybrid vehicles. Common Somerville EV claims involve charging-port failures, battery thermal-management faults, drive-unit replacements, and significant cold-weather range loss when the manufacturer cannot replicate or repair the issue. The same three-repair / 15-business-day thresholds apply within the 1-year / 15,000-mile coverage window, and you can pursue refund or replacement at OCABR arbitration. Software updates that fail to cure the defect still count toward your repair-attempt total when documented on a dealer repair order.

For new vehicles, you must apply to the OCABR state-certified arbitration program within 18 months of original delivery for the manufacturer's participation to be mandatory. After 18 months you can still sue under c. 93A, which carries a four-year statute of limitations. Used-car civil actions under section 7N1/4 must be filed within two years of original delivery. If you appeal an OCABR arbitration decision, you have 21 days to do so in district or superior court. Massachusetts arbitrators issue decisions within 45 days of accepting an application, making the state program much faster than litigation.

Collect every repair order, even from oil changes, since they document mileage and complaint dates. Save all written correspondence, text messages, and emails with the dealer and manufacturer customer assistance, plus the original purchase or lease contract and window sticker. Photographs and short videos of dashboard warning lights, fluid leaks, and any cold-weather start failures help establish substantial impairment. Loaner-car receipts and tow invoices prove days out of service. Most Somerville-area lemon law attorneys handle Chapter 93A cases on a fee-shifting basis, so the manufacturer pays your legal fees if you prevail.