Legal Question in Consumer Law in Maine

Re: rv purchased won't pass mass. inspection

First, is this individual a dealer? If so, you can file a complaint with the attorney general in Massachusetts. In addition, if this individual is a "dealer" you could go forward under Mass.Gen.Laws ch. 93A or file a complaint with the Consumer Regulator of Maine right online (although, I want to make it clear I am not a Maine attorney only Mass).

In addition, under the Lemon Laws in Massachusetts "Mass.Gen.Laws ch. 90, section 7N and subsequent sections, there are laws to protect consumers against non-dealer sellers. Also, if this individual has sold, I believe under that statute more than 3-4 vehicles in one year, they can also be held under the dealer sections of that statute as well as, 93A unfair and deceptive practices.

Basically, you can either go forward against this individual where you reside and/or where the act occurred. However, you can only collect once if you prevail.

I hope this information is a helpful start. Feel free to email me if you are having trouble locating the above statutes, lemon law, etc. Sincerely, Maria Murber

Re: rv purchased won't pass mass. inspection

It depends on where you actually bought the rv. If it was in MA, there are two "lemon laws" that may apply. If the person is a dealer, he has 3 tries to repair it or give you money back or void the transaction. If he is a private person who does not routinely sell motor vehicles, the repairs would have to cost more than 10% of the purchase price for you to revoke the sale. You are a little short of that amount.

If he lives in ME, even if the deal went down in MA, you can sue him under various legal theories, but the amount may keep you out of small claims. I have no idea what ME law is. You are better off suing him in ME if he lives there because it will be easier to enforce any judgment you might get.

ME probably has a consumer protection statute like MA's Chapter 93A, modeled after the FTC Act. It usually requires sending a letter certified return receipt to the seller explaining what your complaint is and what you want him to do about it. This only applies if he is in business. It does not apply to private sales.

There are other common law and statutory remedies that are probably available, but you will have to consult a ME lawyer to be sure.