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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111605
Experience:  Attorney experienced in commercial litigation.
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Customer Question

I Have already posted a question and did not get an answer. My daughter went to a salvage yard and purchased a car for $1,300.00 she told the gentleman she needed a car as her car was breaking down. She bought the car and while driving home she noticed the drivers car window did not open, the blinkers were not working and the car started to smoke.
Does she have an opportunity to bring this vehicle back in Massachusetts for a full refund of her $1300 because the car I believe is not safe.
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I apologize, we do not see your other question and have no idea what happened to it. I am sorry.
MA has some of the best consumer protection laws in the US and they do provide a limited used car warranty. As long as the car has less than 125,000 miles on it, Section 7N1/4, is the law that says the seller has to provide a warranty on the vehicle and they have to repair the defects or take the car back. So she can seek repairs or refund if they cannot repair it only if the car has less than 125,000 miles on it. Even salvage vehicles are covered under this law. Here are her rights to recover for this junk: http://www.mass.gov/ocabr/docs/dealer-guide-brochure.pdf
If they refuse to repair or refund her money, then she needs to send them a letter under Section 93A as well as 7N1/4, here is a sample letter: http://www.mass.gov/ago/consumer-resources/consumer-assistance/93a-demand-letter.html
Under 93a this is an unfair and deceptive practice and if they do not make good on it to her, she can sue for up to 3 times the amount of damages plus attorney's fees.