201 CMR 11.02 - Arbitration Requests

(1) To apply for state certified arbitration a consumer must submit a "request for arbitration" form, which will be supplied on request by the Office of Consumer Affairs and Business Regulation (OCABR).

(2) To be accepted for new car arbitration, the request for arbitration must:

(a) be submitted on the designated form and received by the arbitration firm or OCABR within 18 months of the date the owner took possession of the motor vehicle (for new cars);

(b) state that the consumer believes the motor vehicle's use, market value, or safety is substantially impaired by the nonconformity(s) complained of;

(c) state that the nonconformity(s) complained of is not the result of owner negligence, damage caused by accident (except as a result of the nonconformity(s)), vandalism, attempts to repair the vehicle by a person other than the manufacturer, its agent or authorized dealer, or any attempt to substantially modify the vehicle without the manufacturer's authorization;

(d) state that the consumer either gave the manufacturer, the agent or authorized dealer at least three attempts to correct the same substantial defect, or that the vehicle was out of service by reason of repair for at least 15 business days within the term of protection;

(e) state that the consumer gave the manufacturer its seven business day final opportunity to cure the non-conformity(s) after the limits set forth in 201 CMR 11.02(2)(d) were met or exceeded;

(f) include a narrative description of the claimed nonconformity(s) and a chronology of the repair attempts;

(g) be in compliance with all other rules, regulations, procedures and provisions of law.

(3) To be accepted for used car arbitration, requests for arbitration must:

(a) be submitted within six months of the date the consumer took possession of the motor vehicle (for used cars).

(b) state that the vehicle was purchased from a used car dealer located in Massachusetts;

(c) state that the consumer owns the vehicle;

(d) state that the vehicle is not used primarily for business purposes, that it was not purchased by and is not owned by or registered to a business;

(e) state that the motor vehicle's safety or use has been impaired by a defect that arose during the duration of the dealer's warranty;

(f) state that the defect(s) complained of is not the result of:

1. owner negligence;

2. abuse;

3. damage caused by accident (except as a result of the defect(s));

4. vandalism;

5. an attempt to repair the vehicle by a person other than the dealer, the dealer's designee, or the manufacturer's representative; or

6. an attempt by the consumer to modify the vehicle:

(g) state that the consumer either gave the dealer at least three attempts to repair the same defect, or that the vehicle was out of service for a cumulative total of more than ten business days after the consumer returned it to the dealer for repair of any defect and that a defect recurred during the warranty period or continued to exist after the three attempts or ten business days;

(h) include a narrative description of the defect(s) and a chronology of the repair attempts;

(i) be in compliance with all other applicable rules, regulations, and provisions of law:

(j) include payment of the required fee, if any; and

(k) include copies of the following:

1. the motor vehicle purchase contract;

2. the bill of sale;

3. the motor vehicle registration;

4. the financing agreement , if any;

5. any applicable credit insurance policy and verification of payments therefor;

6. any applicable motor vehicle insurance policy and verification of charges and payments made for each coverage provided under that policy;

7. all motor vehicle service contracts and verification of payments therefor;

8. all receipts for payment to the dealer for warranty repairs;

9. all warranty repair receipts; and

10 all receipts for towing charges and alternative transportation charges related to the defect.

(4) Any consumer who is eligible to be accepted for both used car arbitration and new car arbitration pursuant to M.G.L. c. 90, § 7N½, must proceed first through new car arbitration. If the new car arbitration does not result in an award in favor of the consumer, the consumer may then proceed through used car arbitration.

Notes

201 CMR 11.02