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Thelawman2
Thelawman2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1051
Experience:  Licensed Attorney
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I bought a car for my father labor day weekend, it will not

Customer Question

I bought a car for my father labor day weekend, it will not pass inspection and the person who we bought it from has taken the car several times to fix it, each time it is not fixed properly, he has had it for this entire week and i am not sure it will be fixed properly again. can we get our money back and tell him to keep the car
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: ma
JA: Have you contacted the manufacturer?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: it is an older car and my dad is 80, we are getting the run around, i want to tell the dealer that i know my rights thanks
Submitted: 22 days ago.
Category: Consumer Protection Law
Expert:  Thelawman2 replied 22 days ago.

he Used Vehicle Warranty Law protects consumers who buy used vehicles from a dealer or private party in Massachusetts. ( M.G.L. c. 90 §7N 1/4) The law requires dealers to provide consumers with a written warranty against defects that impair the vehicle's use or safety, and requires private parties to disclose any known use or safety defects.

The law applies to used cars, vans, trucks and demonstration vehicles, and which:

  • are sold by a Massachusetts dealer or private party,
  • cost at least $700 (dealer sales only),
  • have fewer than 125,000 miles on the odometer when sold (dealer sales only).

The Used Vehicle Warranty Law requires private party sellers to inform buyers about any and all known defects which impair the safety or substantially impair the use of the vehicle. The law applies to all private party sales regardless of sales price or mileage. If you discover a defect that impairs the vehicle's safety or substantially impairs the use, and can prove that the seller knew about the defect but failed to disclose it, you may cancel the sale within thirty days of purchase. The seller must refund the amount you paid for the vehicle, less 15 cents per mile of use.

Expert:  Thelawman2 replied 22 days ago.

If it is a dealer, rather than a private party, then a different standard applies.

The limited used vehicle warranty provided by the dealer gives you 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,

OR

  • out 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.
Expert:  Thelawman2 replied 22 days ago.

Anyone who sells four or more vehicles in a one-year period is a dealer under the Used Vehicle Warranty Law.

Customer: replied 22 days ago.
Thank you, ***** *****!
Expert:  Thelawman2 replied 22 days ago.

You are welcome. Please remember to provide a positive rating!

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