26-239 C.M.R. ch. 106, § 14 - ADDITIONAL ARBITRATIONS

Current through 2022-14, April 6, 2022

A. Limit to arbitrations. Consumers are generally entitled to only one state-certified arbitration per motor vehicle. Participation in any other arbitration or dispute resolution mechanism shall not affect eligibility for state-certified new car arbitration.

B. Discretion to allow an additional arbitration. It shall be within the discretion of the Attorney General whether to allow a new arbitration or participation in arbitration after a withdrawal with prejudice by a consumer, after a party reaches the limit on rescheduling or after a consumer has not prevailed in a previous state-certified new car arbitration. In the case of the latter, the consumer must show a significant change in circumstances (e.g., the failure of a manufacturer's subsequent repair attempt after the arbitrator had ruled that there had not been a "reasonable number of (repair) attempts" or the discovery of a non-conformity(s) not considered in the initial arbitration decision) that would now qualify the vehicle for refund or replacement, assuming all other requirements of the Lemon Law had been satisfied.

Notes

26-239 C.M.R. ch. 106, § 14