Legal Question in Consumer Law in Massachusetts

Dealer negligence, i have no car

I bought a used car with a warrenty from a dealer. The car broke down 11 days later and i need a new engine. The warrenty people won't do anything because the dealer never sent the paperwork in before the car brokedown. The dealer now has my car in possession because he is having it appraised to see what actually went wrong with the car. Is there anyway i can get my money back or make him give me a new engine? if he refuses, do i have enough to make it a court case?


Asked on 12/01/05, 1:51 pm

4 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Dealer negligence, i have no car

Retain an attorney to determine if the dealer has committed Consumer Protection Law violations that may entitle you to triple damages and attorney's fees. Good Luck!

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Answered on 12/13/05, 3:02 pm
Jerril J. Krowen Law Offices of Jerril J. Krowen

Re: Dealer negligence, i have no car

Kindly contact my Office relative to this Matter.

Thank you,

Jerril J. Krowen, Esq.

http://www.krowenlaw.com

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Answered on 12/01/05, 2:05 pm
Maria Murber Law Offices of Maria Murber, PC

Re: Dealer negligence, i have no car

Look up Massachusetts Lemon Law Chapter 90, Sections 7N, 7N 1/4, and all pertinent sections following pertaining to the sale of used motor vehicles. The dealer is most likely allowed a reasonable time to cure, but you should promptly look up this lemon law and perhaps even call the attorney general to file a complaint if the dealer does not cure within a reasonable time.

This information should at-least give you a start. Sincerely, Maria Murber, Esq.

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Answered on 12/01/05, 3:04 pm
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Dealer negligence, i have no car

You actually have two issues, but I can't say much with the information you provided. You can look up the statutes online at mass.gov, click on legislative branch and then statutes. There are 2 lemon laws, one of which applies only to dealers, and the other applies to anyone selling used cars. For the latter, the repairs will have to cost more than 10% of the purchase price, in which case you get your money back, period. The dealer one depends on the mileage of the car, and provides the minimum warranty terms.

The second issue is the specific warranty you got from the dealer and its terms.

You should also check the car's VIN (vehicle identification number) at carfax.com to see if it has been involved in any accidents that may underlie the breakdown. Needless to say, you should have checked the VIN before you bought. Reputable dealers these days offer you free access to carfax to check out the car.

If the dealer does not act quickly, you should file a complaint, online or by mail, at the MA Attorney General's consumer protection division website, also available through mass.gov.

Since next year is an election, his office mught be a little more receptive to your case. Ultimately, you may have to sue. If you find some failure to disclose material defects, you may want to send the dealer a letter, certified return receipt - make sure you keep a copy, pursuant to Mass. General Laws Chapter 93A, telling the dealer what he did wrong and what you want him to do about it.

You can hire a lawyer like me to do some of these things.

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Answered on 12/01/05, 4:27 pm


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