Legal Question in Consumer Law in Massachusetts

I bought a used 2004 Subaru Forester in April 2010 from a dealership. I have had Subarus in the past so I know how they handle. Last winter, when it snowed, (I live in central Massachusetts) I had a little trouble negotiating the small hill that is the entrance to our townhouse. I thought it was less efficient than my former Subarus but knew that the vehicle needed tires, so I just chalked it up to that. It also seemed to run less reliably on slick roads (again I thought it was the tires.) This year we had an unusual snowstorm on Halloween, and I had even more difficulty getting up the hill - in fact I couldn't make it and got stuck, and I had new tires this year. My husband came to help me and said, "You know, only your front wheels are spinning, I don't think you have all-wheel drive." I brought it in to the dealership the first chance I had a day off and they told me that it was something that would cost me approximately $1300. My argument is that I purchased the car under the assumption that it was all-wheel drive but it obviously was not. They told me that they would have to take it under advisement. My question is about "Implied Warranty Law" and whether that would apply to this case, and whether there is any timeframe to use that as there is with the Lemon Law. Thank you very much for your time.


Asked on 12/01/11, 8:22 am

1 Answer from Attorneys
Joseph Murray Joseph M. Murray, Esq.

The implied warranty of merchantability merely means that something must be fit for its usual purpose. It does not apply to things you assumed. Unless a misrepresentation, upon which you reasonably relied, was made that the vehicle was equipped with all wheel or 4 wheel drive when it wasn't, the buyer beware law requires you to examine and do due diligence to determine exactly what you were buying. Good Luck!

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Answered on 12/03/11, 9:21 pm


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