Code of Massachusetts Regulations
201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION
Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration
Section 11.14 - Damaged Vehicles
Current through Register 1531, September 27, 2024
(1) If a vehicle that is the subject of arbitration is damaged beyond reasonable wear and tear through no fault of the dealer or manufacturer, and that damage is unrelated to the defect, the consumer must:
(2) The consumer must notify the dealer or manufacturer of the existence and nature of such damage before the hearing, or, if the damage occurs after the hearing, within three days of occurrence.
(3) If the issue of damage is raised at the hearing, the arbitrator may assess fault and the cost to repair the damage. If the arbitrator assesses fault, and if he determines that the damage is the fault of neither the dealer nor the manufacturer, the arbitrator shall deduct from the amount of the award the cost to repair the damage.
(4) If the issue of damage is not resolved by the arbitrator, the manufacturer or dealer may submit a request in writing to the arbitration firm for permission to delay issuing the award until the issue of damage is resolved. Unless such permission is granted, the dealer shall pay the full award, or appeal the arbitrator's ruling, within the award/appeal period.
