Legal Question in Business Law in Massachusetts

Used car dealership lied, causing me $2000 +. Should they pay?

I bought my car from a used dealership in June 2003. Before agreeing to buy the car the salesman said the timing belt had just been replaced. He ensured this by pointing to a gooey sealant around the engine cover. The timing belt snapped 5 months later. The mechanic said the timing belt hadn't been replaced, it was in fact the original belt. Since the timing belt snapping bent every valve in the car I ended up purchasing a new (old but good condition) engine to get my car working again. I have made many, many attempts at contacting the dealership to point out their lie and ask for help. They have done nothing and avoid my calls. Should they pay for some, all, any of the damage? If they had in fact changed the timing belt like they said, I never would have had to pay over $2300 to get my car working again.


Asked on 1/28/04, 7:17 pm

3 Answers from Attorneys

Re: Used car dealership lied, causing me $2000 +. Should they pay?

You may have a claim under the Massacusetts lemon law. Depends upon terms of sale and date of sale. You can also make a claim under 93A, send a 93A letter and then file a lawsuit.

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Answered on 1/29/04, 8:12 am
Nance Lyons Law Office of Nance Lyons

Re: Used car dealership lied, causing me $2000 +. Should they pay?

Mass Consumer Protection law, Ch.93A, prohibits seller from making any representation that contributed to your decision to buy the car. You must send a demand letter citing the statute, the facts and clearly stating the damages. For help in learing about the statyte contact the State office of consumer affairs. You should report dealer to Attorney General and Office of Consumer Affairs. Good luck.

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Answered on 1/29/04, 11:10 am
Joseph Murray Joseph M. Murray, Esq.

Re: Used car dealership lied, causing me $2000 +. Should they pay?

you may have a claim under the warranty (assuming it was for 6 months) and under used car lemon law and possibly under the consumer protection law as well. Contact a lawyer as the consumer protection law if applicable would allow you to recover attorney's fees.

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Answered on 2/07/04, 6:25 pm


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