Thank you for your question. The Massachusetts lemon law provides that you have a right to a full refund or replacement of your vehicle should the dealer be unable to repair after a reasonable number of attempts. One problem I see with your case is that for the lemon law to come into effect, the defect must be serious.
he Lemon Law only covers serious defects- those which substantially impair the use, market-value 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.
Thus, if the check engine light is the only thing that is happening, and there is no actual problem with the car as far as how it is running that would make it substantially impaired, the lemon law does not apply.
Where there is no coverage by the lemon law, then the vehicle's warranty terms apply. Unless the written warranty terms provide you with the right to a replacement, then you will have to sue and prove the the vehicle cannot be repaired and that therefore the warranty was breached and you are due a refund. This is different from the lemon law because the lemon law allows you an automatic right to replacement if you have given them a reasonable chance to repair.
So, in either circumstance, you are going to have to sue the dealer. It would be best to do this through an attorney, as this kind of litigation
is not simple.
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