Used Car Warranty
Massachusetts has some of the strongest used car buyer protections in the country. This page explains what the law guarantees when you buy from a licensed dealer — in plain English.
Massachusetts law (940 CMR 5.00) requires licensed dealers to warranty used vehicles under 125,000 miles — 90, 60, or 30 days depending on the odometer at sale. No dealer in MA can sell you a car "as-is." You have the right to a 7-day inspection, a full refund if the car fails and repairs exceed 10% of the price, andwritten disclosure of all known defects before you sign. This page explains each protection in detail.
Warranty tiers by mileage
The warranty you get depends on how many miles the car has when you buy it. More miles = shorter warranty — but every car under 125,000 miles gets one.
Vehicles with 125,000+ miles at sale are not required to carry a written dealer warranty. However, the implied warranty of merchantability still applies — meaning the vehicle must be fit for ordinary use at the time of sale. This cannot be waived.
The warranty period begins on the date of delivery, not the date the contract is signed. The dealer may charge up to $100 deductible per repair under the warranty, but parts and labor beyond that are covered.
What the warranty covers
The warranty covers the major systems that make a car safe and drivable. If something in these systems breaks during the warranty period and it wasn't caused by abuse, the dealer has to fix it.
What's NOT covered
- Damage caused by the buyer's misuse, negligence, or accident after purchase
- Normal wear items (tires, wiper blades, brake pads worn within spec, bulbs)
- Modifications or repairs performed by someone other than the selling dealer (unless dealer authorized in writing)
Inspection & refund rights
You have 7 days after buying the car to get it inspected. If it fails and the repairs cost too much, you can return it for a full refund.
7-day inspection window
Within 7 calendar days of delivery, you may have the vehicle inspected at any licensed MA inspection station — including a third-party mechanic of your choice. The dealer cannot require you to use their own shop for this inspection.
Refund trigger
If the vehicle fails the Massachusetts safety or emissions inspection and the estimated cost of repairs exceeds 10% of the purchase price, you are entitled to a full refund of the purchase price, including any trade-in value or down payment.
Repair attempts
If a warrantable defect is reported during the warranty period and the dealer cannot repair it after a reasonable number of attempts, you are entitled to a full refund. "Reasonable" is not a fixed number — but repeated failures to fix the same issue strengthen your case.
How to exercise
Return the vehicle to the selling dealer during the warranty period (or within the 7-day window for inspection failures). Notify the dealer in writing if possible. Keep copies of all inspection reports, repair orders, and correspondence.
No "as-is" sales in Massachusetts
Unlike most states, Massachusetts does not allow licensed dealers to sell used cars "as-is." This is one of the strongest buyer protections in the country.
No waiver of any provision of 940 CMR 5.00 is valid. Any contract clause that says "sold as-is," "no warranty," or attempts to disclaim the dealer's obligations under this regulation is void and unenforceable. The implied warranty of merchantability applies to every dealer sale regardless of price, age, mileage, or any language in the sales contract.
This means:
- A dealer cannot ask you to sign away your warranty rights
- Contract fine print cannot override the state regulation
- Even high-mileage vehicles (125,000+) carry the implied warranty of merchantability
- "Buyer beware" does not apply to licensed dealer sales in MA
Note: Private-party sales (non-dealer, individual-to-individual) are not covered by 940 CMR 5.00.
What the dealer must provide
Before you sign anything, the dealer is required by law to give you specific documents and disclosures. Here's the checklist.
Missing any of these? Contact the Massachusetts Attorney General's Office at (617) 727-8400 or file a complaint at mass.gov/ago.
Filing a complaint
If you believe a dealer violated your warranty rights, you can file a complaint with the Massachusetts Attorney General's Office. You may also have rights under Chapter 93A (the MA consumer protection law).
Contact the dealer first
Put your complaint in writing and give the dealer a chance to resolve it. Keep a copy of everything you send.
File with the Attorney General
If the dealer doesn't resolve the issue, file a consumer complaint with the MA AG's Auto Complaint Division:
- Online: mass.gov/ago → File a Complaint
- Phone: (617) 727-8400
- TTY: (617) 727-4765
Consider Chapter 93A
Massachusetts General Laws Chapter 93A allows consumers to sue for unfair or deceptive business practices. If a dealer violates 940 CMR 5.00, that violation may also be a 93A violation — which can result in double or triple damages plus attorney's fees. Consult a licensed attorney for advice specific to your situation.
Small claims option: For disputes under $7,000, Massachusetts small claims court is available without needing an attorney. Filing fees are minimal.
Contact us
Questions about warranty coverage on a vehicle we sold? Call or email — we're happy to walk you through it.
This page is a summary of the Massachusetts Used Vehicle Warranty Law (940 CMR 5.00) provided for informational purposes only. It does not constitute legal advice. For the full text of the regulation, visit the Massachusetts Attorney General's website or call (617) 727-8400. If you have a legal question about a specific transaction, consult a licensed Massachusetts attorney.