201 CMR 11.16 - Used Vehicle Dealer Warranty Repair Period

(1) Subject to the tolling provisions and manufacturer warranty provisions of M.G.L. c. 90, § 7N¼ and 201 CMR 11.00, the dealer shall accept return of the vehicle from the consumer and refund the full repurchase amount, less a reasonable allowance for use, if either:

(a) the same defect was subject to three repair attempts and continued to exist or recurred within the warranty period; or

(b) the vehicle was out of service for a cumulative total of more than ten business days for repair of any defect or defects and a defect continued to exist, recurred or arose during the warranty period; provided that such defect or defects impaired the use or safety of the vehicle.

(2) For the purposes of the three repair attempt period, an attempt to diagnose a defect after a vehicle has been returned for repair will count as a repair attempt even if no repairs are made.

(3) For the purposes of the more than ten business day period, any portion of a business day will count as a business day.

(4) The more than ten business day period will be tolled if a part necessary to repair the defect is not in the dealer's possession and the requirements of M.G.L. c. 90, § 7N¼(3)(A)(ii) and 201 CMR 11.18 have been met. In no event will the more than ten business day period be tolled for more than a total of 21 days because a part or parts is not in the dealer's possession.

(5) The dealer shall immediately accept return of a vehicle for warranty repairs when the it is delivered. If the dealer refuses to accept return of the vehicle for repair, the vehicle shall be deemed out of service commencing on the day the vehicle is presented for repairs. If the consumer notifies the dealer of the need for warranty repairs via a telephone call or a letter to the dealer, the dealer shall not be deemed to have refused to accept return of the vehicle if he schedules a repair appointment and accepts return of the vehicle for repair within three business days after he receives the consumer's telephone call or letter.

Notes

201 CMR 11.16