Is the dealer required to fix all issues under the warranty?

Full question:

On 3/29 I bought a 1993 Subaru Impreza from a used car dealer. It failed inspection on 3/31 on 2 points (wipers and body rust on the right rocker panel.) I took it to my usual Subaru technician to have the once over on it (my son thought the front end felt a bit rough), and he discovered several other issues for which it should have failed inspection: i.e. R lower ball joint is shot, R front axle boot, and L rear strut are all shot. Also today, in the first big rainstorm since I bought it, I have discovered that the moon roof leaks badly. I plan to take it back to the dealer. I have a signed 30 day, 1250 mile limited warranty as required by the MA lemon law for used cars. My question is: Is the dealer required to fix all of these things, or just the things that actually caused it to fail inspection? These are all safety related issues, even though only 2 of them were reported on the inspection report. I have an appt with him on 4/7 to return the car for repairs.

  • Category: Automobiles
  • Date:
  • State: Massachusetts

Answer:

Under Massachusetts law, the dealer must repair any defect that affects the vehicle's safety or use, not just the issues that caused it to fail inspection. This includes the problems identified by your technician, as they are safety-related. The dealer is responsible for addressing all defects covered by your warranty, which lasts for thirty days or until you reach 1,250 miles, whichever comes first. If the dealer fails to repair the same defect after three attempts, or if the car is out of service for more than ten cumulative days for repairs, you can return the vehicle for a full refund, minus a reasonable allowance for use. It's important to document all issues and repairs requested. For more information on your rights under the Massachusetts lemon law, you can refer to the state resources.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If the dealer refuses to repair your car under warranty, document all communication and issues. You can remind them of their obligations under Massachusetts law, which requires them to fix safety-related defects. If they still do not comply, consider seeking legal advice or filing a complaint with the Massachusetts Attorney General's office. You may also have the option to return the vehicle for a full refund if the repairs are not adequately addressed after multiple attempts.