Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.22 - Notices to Consumers (Used Vehicles)

Current through Register 1525, July 5, 2024
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.