201 Mass. Reg. 11.22

Current through Register 1519, April 12, 2024

Section 11.22 - Notices to Consumers (Used Vehicles)

Every used car dealer shall, for every used motor vehicle covered by the warranties established by M.G.L. c. 90, § 7N¼ that he or she sells, offers for sale, or displays in Massachusetts, affixa yellow notice to the window or the dashboard, in not smaller than ten point type:

ATTENTION CONSUMERS OF USED CARS

The Massachusetts Used Car Warranty Law, M.G.L. c. 90, § 7N ¼ protects consumers who have problems with their used vehicle.

UNDER THE LAW, YOU HAVE A RIGHT TO A REFUND IF:

(a) a defect that impairs safety or use arose during the warranty period, AND

(b) the defect continued to exist or has recurred during the warranty period after either:

1. three or more repair attempts for the same defect, or

2. being out of service after being returned for repair for any defect for a cumulative total of more than ten business days.

IF THE DEALER DOES NOT ISSUE A REFUND, YOU HAVE A RIGHT TO HAVE YOUR CASE DECIDED BY A STATE-CERTIFIED ARBITRATOR IF YOU APPLY WITHIN SIX MONTHS AFTER DELIVERY OF THE VEHICLE. FOR MORE INFORMATION, REFER TO THE USED CAR WARRANTY LAW INFORMATION PROVIDED WITH YOUR OWNERSHIP MATERIALS, OR CONTACT:

Office of Consumer Affairs and Business Regulation

One Ashburton Place

Boston, Massachusetts 02108

Used Car Warranty Law information: (617) 727-7780, 1-888-283-3757

Department of the Attorney General: (617) 727-8400

Every dealer that sells a used vehicle that is covered by the warranties established by M.G.L. c. 90, § 7N ¼ shall also give to the consumer at the time of sale the following notice, either printed on the reverse side of the warranty set forth below, or on a separate sheet of paper:

CONSUMER RIGHTS FOR USED CAR BUYERS

I. USED CAR WARRANTY LAW The Massachusetts Used Car Warranty Law, M.G.L. c. 90, s. 7N ¼ protects consumers who have problems with their used vehicle.

UNDER THE LAW, YOU HAVE A RIGHT TO A REFUND IF:

(a) A defect that impairs the safety or use of the vehicle arose during the warranty period, AND

(b) A defect continued to exist or recurred during the warranty period after either:

1. three or more repair attempts for the same defect, or

2. being out of service after being returned for repair of any defect for a cumulative total of more than ten business days.

The defect must arise during the 30, 60, or 90 day warranty period stated on your warranty. The warranty period is extended one day for every day that your car is in the shop for repairs. The warranty is extended for 30 days from the completion of any repair attempt for the defect that was the subject of the repair attempt.

IF THE DEALER DOES NOT ISSUE A REFUND AFTER THESE STANDARDS HAVE BEEN MET, YOU HAVE A RIGHT TO HAVE YOUR CASE DECIDED BY A STATE-CERTIFIED ARBITRATOR. YOU MUST REQUEST STATE CERTIFIED ARBITRATION WITHIN 6 MONTHS OF ORIGINAL DELIVERY OF THE VEHICLE TO YOU.

II. LEMON AID LAW If this vehicle fails inspection within seven days, and it would cost more than 10% of the purchase price to repair, you are entitled to a full refund if the vehicle is returned to the dealer within 14 days. See the separate Lemon Aid Law notice.

III. IMPLIED WARRANTY LAW The implied warranty of merchantability is a guarantee provided by law in the sale of all consumer products, including automobiles (even if they cost less than $700 or have 125,000 miles or more on the odometer). This law says that your vehicle should function properly for a reasonable period of time. If the vehicle does not, the dealer must fix it at no charge to you. (Note: The statute does not define reasonable period of time.)

It is illegal to sell a car "AS IS", "WITH ALL FAULTS", or with a "50/50 WARRANTY". THIS SHEET PROVIDES ONLY A SUMMARY OF YOUR RIGHTS.

To request arbitration, or to get further information, contact:

Office of Consumer Affairs and Business Regulation

One Ashburton Place

Boston, Massachusetts 02108

Used Car Warranty Law information: (617) 727-7780, 1-888-283-3757

Department of the Attorney General: (617) 727-8400

Every dealer that sells a used vehicle that is covered by the warranties established by M.G.L. c. 90, § 7N¼ shall complete and give to the consumer at the time of sale the following warranty:

LIMITED USED VEHICLE WARRANTY

[name of dealer] (the "Dealer") warrants this [make, year and model of vehicle and VIN number] against any defect, malfunction, or combination of defects or malfunctions, that impairs its safety or use for a period of

(a) 90 days or 3,750 miles, whichever comes first (for vehicles with fewer than 40,000 miles on the odometer at the time of sale, or if the true mileage is not known and the vehicle is three years old or less)

(b) 60 days or 2,500 miles, whichever comes first (for vehicles with 40,000 to 79,999 miles on the odometer at the time of sale, or if the true mileage is not known and the vehicle is more than three but less than six years old)

(c) 30 days or 1,250 miles, whichever comes first (for vehicles with 80,000 to 124,999 miles on the odometer at the time of sale, or if the true mileage is not known and the vehicle is six years old or more) from the date of delivery of the vehicle to you. (Dealer to check 201 CMR 11.23(3)(a), (b), or (c).)

The Dealer will provide the full cost of parts and labor necessary to repair all covered defects. However, the Dealer may charge you up to a total of $ (Dealer to fill in an amount from $0 to $100) per vehicle for the repair of all covered defects during the warranty period.

The warranty period is extended one day for every day the vehicle is in the shop for repairs, and one mile for every mile the vehicle is driven between the dealer's acceptance of the vehicle for repair and its return to the consumer. The warranty is extended for 30 days from the completion of any repair attempt for every defect that was the subject of the repair attempt.

The Dealer will give you a refund if a defect that impairs the safety or use of the vehicle continued to exist or recurred within the warranty period after either three repair attempts for the same defect or being out of service after being returned for repair of any defect or defects for a cumulative total of more than ten business days.

Defects that are covered by the manufacturer's warranty are not covered by this warranty if the Dealer gives you a copy of the manufacturer's warranty, that warranty has been assigned to you, and the Dealer assures that those defects are repaired.

This warranty is provided pursuant to M.G.L. c. 90, § 7N¼, the used vehicle warranty law. For further information about that law contact the Office of Consumer Affairs and Business Regulation at 727-7780.

Please sign and date this warranty below. Keep one copy for your records and give the other copy to the dealer.

201 CMR 11.22