Legal Question in Consumer Law in Massachusetts

I bought a used lemon, what do I do?

I purchased a used car with 176000 miles on it off a used car lot from a dealer who was selling the car for a friend. The friends name is the only name that appears in the paperwork. The bill of sale states that the vehicle is a 1998 when it is actually a 1988, and the seller did not fill out the title he only signed it. The second day I had the vehicle the brakes failed, I contacted the dealer and he stated that he would take care of it in a week or so. I called him after the week and he had changed his mind and decided that he wanted nothing to do with it.I called the seller (friend of the dealer) and he said that he would take care of it and to take it to a mechanic. I did so, and the mechanic found that the car had a major safety problem that would have been noticed by a mechanic. The dealer was also the mechanic that prepared (repaired) the vehicle for sale. He did not tell me about the defect in the vehicle. Do I have any recourse?


Asked on 12/22/03, 5:35 pm

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: I bought a used lemon, what do I do?

You had a certain number of days to bring car to a mechanic to inspect for defects. Without that, you may not have a remedy. I would send a demand letter to both people you dealt with specifying the problem with the car, the representations made to you about the condition of the car and whatever other information you have. Also request a specific amount in damages - e.g. what you paid for the car or what it will cost to repair. State that the letter is sent under Ch. 93A of the Massachusetts General Laws (the Consumer protection law). Call the consumer protection office for more information - you'll find the number in the blue pages of the phone book.

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Answered on 1/05/04, 4:33 pm


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