I bought a car from a private seller on craigs list and before I could get it home, the engine starting smoking.My mechanic thought it was probably something small, so I went ahead and registered it.Turns out, the car is a mess!I paid cash and the previous owners are unresponsive, telling me it's not their problem.It qualifies as a lemon under the lemon law, did not pass inspection, to repair it would be more than 10% of the asking price.Is my only option, now, small claims court?
Country relating to Question: United States
State (if USA): Massachusetts
Emailing, showing them proof that it will cost more to repair, etc.
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today. I'm sorry to hear that this happened.We have recently implemented a new payment and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not whether the answer supports your legal position. If you have any questions at all, or there is anything I can clarify for you, please bypass the rating system and click “Continue the Conversation” or "Reply". Choosing either of the lowest two options reflects poorly on me (and not the law), so please reply to me if there is anything I can do to help before choosing those options. I appreciate your patience while we work out the kinks.Massachusetts is perhaps the only state in the nation where the sellers are in correct. It is, in fact, "their problem." Under Massachusetts law, the buyer of a used vehicle has seven days to take it to get an inspection. If you have not yet done that, do it immediately (but it sounds like you have). Where the vehicle fails inspection, the repairs are more than 10% of the purchase price AND you return the vehicle within 14 days of the purchase, you're entitled to a full refund. The fact that you registered it before realizing the full extent of the problem does not change your rights under the law.http://www.vehicletest.state.ma.us/motorist_purchase_transfer.htmlYou didn't say how much you spent on the vehicle, but if it's less than $7,000, you can go ahead and file suit in Small Claims Court. It's very user-friendly, and most of the forms you need are online. The suit would be filed in the county where they live, even if you live in a different county. Here is all the information you need, with the forms.http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/smallclaims.htmlYou can try sending a demand letter, explaining what the law says, but you don't have to, and you DO have return the car within 14 days to preserve your rights. So, it's up to you whether you want to keep trying to negotiate.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).