The Massachusetts Used Vehicle Warranty Law, for dealers who actually have to live with it

When I sold my first few cars in Massachusetts, I assumed "as-is" meant as-is. It doesn't — not here. Massachusetts has a used-car lemon law, the Used Vehicle Warranty Law (M.G.L. c. 90 § 7N¼), and on most of the cars a small lot sells, you owe the buyer a warranty whether you put one in the contract or not. New dealers find this out the hard way. Here's the version I wish someone had handed me.

Which cars the used vehicle warranty law covers

The statutory used-vehicle warranty applies when all of these are true:

• The vehicle is sold by a dealer (private-party sales aren't covered)
• It's for personal use
• The sale price is $700 or more
• The odometer reads under 125,000 miles at the time of sale

If a car clears that bar — and most of your inventory will — you owe a warranty. You don't get to opt out with an "as-is" sticker.

How long the warranty runs

The term scales with mileage at sale. Whichever limit comes first ends the warranty:

| Miles at sale | Warranty term | |---|---| | Under 40,000 | 90 days or 3,750 miles | | 40,000 – 79,999 | 60 days or 2,500 miles | | 80,000 – 124,999 | 30 days or 1,250 miles |

So a clean 35k-mile trade carries a 90-day obligation; an 95k-mile car carries 30 days. Price your reconditioning with that window in mind — the cheap car with the short warranty can still cost you a transmission in week three.

What you actually have to do

During the term, you have to repair — free of charge — any defect that impairs the use or safety of the vehicle. You get a reasonable number of attempts, but there are hard backstops:

• If you can't fix the same defect after three attempts, or
• the vehicle is out of service for 11 or more business days during the warranty term,

the buyer can demand a refund (the purchase price, less a statutory deduction for use). That's the part that hurts, so the lesson is to fix things right the first time and not let a car sit.

The disclosure you owe every buyer

Beyond the repairs, you have to give the buyer a written disclosure of their rights under the warranty law, signed and dated, as part of the purchase paperwork. Skipping it is its own violation — separate from any repair dispute. It belongs in the deal jacket alongside the RMV-1 and the FTC Buyers Guide.

Even the cars that aren't "covered" aren't off the hook

Over 125,000 miles, or under $700? The statutory used-vehicle warranty doesn't apply — but two other things still do:

• The implied warranty of merchantability. Every dealer sale in Massachusetts carries it. The car has to be fit to drive. You can't sign that away on a retail sale.
• The Lemon Aid Law (M.G.L. c. 90 § 7N, a different statute). If the vehicle fails the Massachusetts safety or emissions inspection within 7 days of the sale and the estimated repair cost exceeds 10% of the purchase price, the buyer can void the sale and get their money back. This is why you never deliver a car that won't pass inspection — see the MA paperwork checklist for where the 7-day inspection fits.

The practical takeaways

1. Assume most retail sales carry a warranty. Budget recon and a reserve for it.
2. Deliver inspectable cars. The 7-day Lemon Aid window punishes anything that won't pass.
3. Give — and keep — the written warranty disclosure. It's required, and it's your record.
4. Fix the same defect right the first time. Three strikes or 11 days down and you're buying the car back.

None of this is legal advice — the Attorney General's "Dealer's Guide to the Massachusetts Used Vehicle Warranty Law" is the authoritative source, and a Massachusetts attorney should review your disclosure template. But this is the shape of the obligation, and it's a lot less scary once you price for it instead of getting surprised by it.