Legal Question in Consumer Law in Massachusetts

Private Party Dealer, having problems with a car i sold

I sold a 1989 subaru GL two weeks ago. I had made out two bills of sale and both included the statement'' as is as seen''. THe person who bought my car came back last thursday demanding money from me because they went ahead and had brake work done to their car. They didn't have an extimate done, they just went ahead and had the brakes ''fixed''. I have all the paperwork on my car and what was done to it. ON january 4th of 2002 the brakes were checked at Sears in Kingston, MA and they were fine. I have only driven about 400 miles since january in that car. Do i have to pay them their money? THey said they will take me to court. Should i go to court and fight for my rights? Do they have any rights to their money? I have already said that I will give them their money back for the car but they said no they only want the money they spent on the brakes.


Asked on 9/23/02, 9:00 am

2 Answers from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Private Party Dealer, having problems with a car i sold

The private sale of a car is governed by the Massachusetts lemon law. However, a buyer must follow the law in order to recover. Generally, he cannot engage in self help. Call the Governor's office of consumer affairs for a copy of their publication explaining your responsibilities as a seller of a used car.

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Answered on 9/23/02, 10:01 am
Robert Trant Law Office of Robert R. Trant

Re: Private Party Dealer, having problems with a car i sold

The sale would be governed by the "Lemon Aid" law. This law allows a consumer to void or cancel a motor vehicle contract or sale if the vehicle fails to pass inspection within seven days from the date of sale AND if the estimated costs of repairs of emissions or safety related defects exceed 10% of the purchase price. This law applies to both dealer and private party sales of cars and motorcycles purchased for personal or family use. The vehicle must be returned to the seller within 14 days from the date of sale. Check out www.state.ma.us/consumer/ for more information.

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Answered on 9/23/02, 10:17 am


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