(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, § 7N1/2, 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.