Legal Question in Consumer Law in Massachusetts

Re: MA: Automotive Dealership Contract Laws

The short answer is yes. Under a law known as the Uniform Commercial Code, someone who pays for goods can reject them and demand a return of the purchase price within a reasonable time of the purchase if the goods are "non-conforming". If you can easily establish that the vehicle when delivered did not have the options called for in the contract, then you likely have the right to the refund of your payment contemporaneously with the return of the vehicle.

You also may have been the victim of unfair business practices, which are governed and prohibited by Chapter 93A, our Consumer Protection Act. This permits a consumer who has been victimized by an unfair practice to recover up to three times damages and attorney's fees. However, in order to be able to proceed under that particular law, you or your attorney must first send a "demand for relief" to the dealer, setting forth what you believe to have been an unfair practice and demanding a full refund (as well as the refund of taxes paid, any finance charges, dealer prep charges, etc.). The dealer would then have 30 days to make a reasonable written offer of settlement. If you are not satisfied with the response, you can sue the dealer. If the court finds that the dealer's response to the demand was unreasonable under all of the facts and circumstances, you would bw awarded your damages together with attorney's fees, and the court would double or triple the damages if it found the dealer's conduct to have been intentional. Dealers in these parts generally get good legal advice, and if the facts are as you describe them, I would be surprised if the dealer did not take your allegations seriously and respond accordingly. Feel free to contact me if you wish to discuss this further.

Re: MA: Automotive Dealership Contract Laws

Retain a MA attorney to determine if you have a right to file a claim for recission of the contract under the Consumer protection law which may entitle you to multiple damages and your attorney's fees if applicable and properly invoked.

Good Luck!