Do I have a case

K

Kandj3003

Guest
Jurisdiction
Massachusetts
On 02/03/17 I purchased a vehicle from a private seller.
On 03/08/17 the vehicle failed safety inspection.
I attempted to void the contract under Massachusetts lemon aid law.
Seller refused to void the contract.
Repairs needed to pass inspection estimated at $1556.45.
Vehicle was inspected on the 8th day from purchase date. Lemon aid law requires inspection within 7 days.
Do I have a case to sue the seller for the amount of the repairs? Namely is it 7 calendar or business days for inspection? The 8 days it took me to get inspection included a weekend. Could I claim an extenuating circumstance such as an illness as a reason why I went for inspection on the 8th day?
 
You need to make sure you completely understand what the law provide, not just a cursory understanding, a complete understanding.
...
...
Used Vehicle Warranty Law
...
...
Wait, there's ,ore to absorb:
...
...
Return used car to seller for defects and failed inspection under MA lemon law | The Forum for Massachusetts Law
...
...

Before you can see if the law applies, the law in your state reads "in part":

Allow me to shrink and clarify for you:

Massachusetts law states through its "Lemon Aid Law" which requires that ANY vehicle bought from ANYONE, including private parties and dealers, must be able to pass a vehicle inspection within 7 calendar days.

You should seek clarification from the AG or a MA lawyer if its 7 calendar days, or 7 business days.


The law then requires that if the cost of the repairs required by the failed inspection exceeds 10% of the price you paid, that you can return the vehicle within 14 days for a full refund.

Failure to provide a refund is a consumer protection violation.

If the seller refuses to take the vehicle back, the next step would be to send a demand letter under chapter 93A of the law.

You must lay out what laws the seller broke and why the conduct was unfair or deceptive.

MA does not allow "as is sales" and the law doesn't allow waivers, even if you agree to one.

It doesn't matter that you knew about the vehicle's issues, the seller isn't allowed to sell a car that fails inspection.

If the seller refuses to make a reasonable offer of settlement within 30 days, you then must sue him in court, and ask the court to award you 2 to 3 times the amount owed, plus attorneys fees.

For a $1,600 claim, you can bring this in small claims court.

Or, you can HIRE an attorney, if the attorney is willing to seek his/her fees as part of your lawsuit from the seller.
 
I have done everything the lemon aid law requires.
I sent a notice of intent, signed copy of failed inspection report, and copy of repair estimate.
Cost of vehicle 2500. Repair estimate 1556. So that's way over 10 percent.
I attempted to deliver the vehicle to the seller for a full refund. Seller refused.
I believe I have a strong case except that the inspection was done on the 8th calander day instead of 7th.
 
Does that mean I have no case under lemon aid law? Or could I claim an extenuating circumstance such as illness as a reason for having inspection on 8th day?
 
Kandj3003 said:
I have done everything the lemon aid law requires.
I sent a notice of intent, signed copy of failed inspection report, and copy of repair estimate.
Cost of vehicle 2500. Repair estimate 1556. So that's way over 10 percent.
I attempted to deliver the vehicle to the seller for a full refund. Seller refused.
I believe I have a strong case except that the inspection was done on the 8th calander day instead of 7th.
Click to expand...

If the seller refuses the vehicle your option is take the seller to court.
You, as a private person have no power to compel or sanction.
In your case, a MA court has such power.

As suggested, why not talk to two MA licensed attorneys in your county.
You can d that for FREE.
You will also learn if its 7 calendar or 7 business days.
You can see if an attorney will take the case and seek his/her fees through the law suit.
You can also choose to litigate the matter in small claims.
You will also be able to sue for double, maybe even treble damages.

You MIGHT still have an option.
===================================================
Read on, mate:
...
...
...
A "private party sale" is a sale between two non-dealers. The Used Vehicle Warranty law provides that for such transactions, a private party seller must disclose known defects to purchasers. If the purchaser can prove that a seller knew about a defect which impairs the used vehicle's safety or substantially impairs its use, the purchaser can notify the seller he is cancelling the sale within thirty (30) days after the sale.

You are entitled to the return of all monies paid to the seller, less a deduction for use of fifteen (15) cents a mile.

If the purchaser ends up suing the seller, and the court finds that an offer of settlement made by the seller in response to a refund request from the purchaser was not reasonable, the purchaser can also recover attorney's fees and costs from the seller, but if the court finds that the lawsuit was frivolous or not in good faith, the seller can recover attorney's fees and costs from the purchaser.

Private party sellers are not required to repair vehicles. Private party sellers must also comply with the Lemon Aid law (sales cancellation), but not with the Implied Warranty of Mercantability or the Implied Warranty of Fitness for a Particular Purpose, as consumers are not "merchants," nor generally with the Consumer Protection Act, since consumers are not customarily engaged in trade or commerce simply by selling their own vehicles.
 

Share this page

Get a free case review from a lawyer
Back
Top