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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33911
Experience:  16+ yrs. of legal experience.
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I just purchased a 2015 Honda CRV from a Honda Dealer with

Customer Question

I just purchased a 2015 Honda CRV from a Honda Dealer with 641 miles was owned once before. I purchased the vehicle 1300 dollars < the retail value. 22,500.00 to be exact.
the day of pickup I didn't notice before some deep scratches on the passenger side. I brought it to their attention and the general manager said he could have it repaired and I just needed to make an appointment with their guy that does exterior work. I brought it in and their own guy says it can't be repaired only at a auto body place the scratches are to deep. I have to wait till the General manager comes back from vacation to get the o.k.
Now today I'm stopped at a red light and notice some vibration when car is in drive and my foot on the brake. On park and neutral it's fine only when I'm at a complete stop with vehicle on Drive it vibrates. I looked up what could be causing this only to find out Honda CRV owners are all complaining about this. Lots of consumer complaints about this. At this time I've had the vehicle for 8 days and place 740 miles on the vehicle. Was proud at first took the family on two long trips one to the cape and other to central nh. Bot***** *****ne is, Is it too late to do anything about getting out of this situation. I placed three thousand down and financed 26000.00 because I purchased additional insurance and state taxes.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
Sorry...what do you mean is it too late to do anything? Are you asking if you can back out of the contract?
Customer: replied 1 year ago.
Yes can I back out of the contract or can I ask for another vehicle?
Expert:  P. Simmons replied 1 year ago.
The issue will be if they lied to you or misled you...can you tell me, did that happen? And if so how?
Customer: replied 1 year ago.
One they did not disclose the deep scratches on the passenger side and the General Manager said that could be taken care of.
so I set up a time went back to them and they said it could not be done tthat it would need to go to an Autobody shop for complete repair.
Now I'm experiencing this vibration issue with the vehicle only to find out its a common problem for these CRV's . I have a funny feeling the original owner brought it back to them because of this problem.
Expert:  P. Simmons replied 1 year ago.
ThanksDid you not inspect the car prior to purchase? If you did, why is it you did not see the scratches?
Customer: replied 1 year ago.
They had the vehicle parked awkward in front of their entrance and I was not able to take it for a test ride until a day later.
I of course did a walk around and didn't notice it that day but the day of the pick up inside their store they had it all buffed and shinny and I did a walk around and brought that to their attention right away. I said listen for another two grand I should just walk out with a brand new vehicle that's when the General manager said that it can be taken care of just set up a appointment tomorrow for their exterior guy to do his thing.
Customer: replied 1 year ago.
Is it true Massachusetts lemon law states if I go back to them three times for the same problem within 30 to 90 days I can be reimbursed.
Expert:  P. Simmons replied 1 year ago.
Thanks...I have an answer and just need to type it up
Expert:  P. Simmons replied 1 year ago.
Thank you for your patience. There is no "right to rescind" the purchase of a used automobile While there are some contracts that allow a "cool off" period (like time shares, or door to door sales), that law will not apply, in MA, to used car sales.And MA law does have a "used car lemon law"...but it is very specific. It provides that you get a 90 day warranty automatic. Then it provides that if during the warranty period you get the right to a refund if the vehicle was either:repaired 3 times for the same use or safety defect that continued to exist or recurred during the warranty period,ORout of service by reason of repair or invalid refusal to repair for at least 11 business days during the warranty period, not necessarily all at one time.The scratches will not qualify for a safety defect. But if they do not fix the scratches in 11 business days? That could be a basis to void the contract. Other than that, in order to void the contract, you would need to prove that they seller "acted in bad faith". This is why I asked about if they lied or misled you. Under contract law, parties to a contract are obliged to negotiate in good faith....that means that they can not lie or mislead the other party.So, for example, if you purchased a used car, and say the dealer knew that the engine was worn out...so they put in gear oil into the motor to trick you? You could use that as a basis to void the sale.What you are describing it does not sound like they intentionally tricked you...but if there is evidence they did? That would be a basis to void the contract.And if they can not fix the car in 11 business days in the shop? That would be a basis to void the contractPlease let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.