Legal Question in Consumer Law in Massachusetts
Motorcycle Dealer Fraud
I purchased a used motorcycle from a dealership last year (4/03) and I was adamantly assured that the bike was never in an accident. Recently, I got the bike inspected at a local service station to find out that the bike had been in a major accident-the frame was bent and some plastic pieces were missing. Upon further investigation, I discovered that the bike was declared a total loss by the insurance company, yet I was given a clear title (as opposed to a salvage title that should accompany a previously wrecked bike). I have also double checked all of the documentation that I recieved with the sale and nothing indicates that the bike was previously damaged. My inclination is to try to get my money back for the bike. However, I've also put a considerable amount of money into customizing the bike (including approximately 4500 miles). Do I have a valid case here? Also, if this were to happen, what could I do to rectify the amount of money that I've further invested on top of the purchase price? Any help would be greatly appreciated!
2 Answers from Attorneys
Re: Motorcycle Dealer Fraud
You may have a complaint uner the Consumer Protection act entitling you to double or treble damages, plus your attorney's fees. Contact a Lawyer.
Re: Motorcycle Dealer Fraud
It appears you may have a valid claim under th MA Consumer Protection Law (Ch.93A) If you are successful you will collect your attorney's fees and may be awarded double or treble your actual damages. You first have to send a registered mail 93A demand letter to the defendant. Contact the Office of Consumer Affairs for information on how to proceed. You may also want to notify the attorney general's consumer department.
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