2 weeks ago. my nanny bought a used car in Lowell Ma. for $3,000.When driving home, she discovered that the air conditioning was broken. She called the car lot and was told that they would fix it for a charge. Then after repairing it, the car failed inspection. 1) should they have charged her; when ac was one of the declared selling features of the car? And 2) Can she by right, return the car and get her money back?
Optional Information: Country relating to Question: United States State (if USA): Massachusetts Already Tried: Speaking with the sales person and his boss.
Hello and thank you for asking your question. My name is XXXXX XXX I will be assisting you. In most cases, used cars are considered purchased "as is." This means that the buyer must fully inspect the car in advance of making the purchase. If the buyer discovers problems with the car, the buyer then has the option not to make the purchase. In your case, using the as-is rule as an example, a court might decide that your nanny had a duty to thoroughly inspect the car prior to purchase. During that inspection, it is likely that the AC problem would have been discovered. At that point, she could have told the dealer to fix the AC at their expense or decided not to make the purchase. Unfortunately, I think it is unlikely a court would rule in her favor if she sued for the AC. On the same note, a buyer would not generally be entitled to return a car previously purchased and get their money back. Whille I understand that this isn't good news for your nanny, it is the way the law operates.