Dear ck,
Thank you for your question and I look forward to working on your answer. Also, it is important to know that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.
That being said, if you would like me to work on an answer for you, and in order to better assist you, could you please clarify for me:
1. May I presume this was a used car?
2. Who performed a safety inspection - are you referring to a state required inspection upon registerting a vehicle after purchase?
I look forward to getting to work on this for you. Hang in there!
Sincerely,
S. Joy, Legal Expert
Please note: I do not provide legal advice, only legal information; I do notlegally represent any JA members, visitors or customers. We do not and will not enjoy an attorney/client relationship. Further communication with me here is an acceptance of this and any information provided by me is with the understanding that you comprehend this and agree.
A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.
hi
yes it is a 2000 ford explorer and it was the state safety inspection
Hi ck,
You live in a GREAT state for this kind of trouble, fortunately.
The Massachusetts Lemon Aid Law allows you to void or cancel a motor vehicle contract or sale if your vehicle fails to pass inspection within seven days from the date of sale AND if the estimated costs of repairs of emissions or safety related defects exceed 10% of the purchase price. (M.G.L. c. 90 §7N) This law applies to both dealer and private party sales of cars and motorcycles purchased for personal or family use. Dealers must display your Lemon Aid rights by putting a sticker on the left front window of each used car at the time of delivery. So feasibly here, you can go after the dealer (since it appears he didn't put this on the car) and the owner.)
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His failure to get it inspected as required by law makes that return not applicable I'm afraid:
However, I would argue it is a dealer sale. Whatever the dealer's secretive little issues are behind his ad, I would argue, are not pertinent, unless, perhaps he represented in his craigslist ad or shortly thereafter (before agreement to buy) that he was not selling it, he was just the messenger, and it is a private party. Of course, the dealer will possibly make the opposite claim. That means settling, or court.
Used Vehicle Warranty Law:Dealers must provide a written warranty to buyers who purchase a used vehicle with fewer than 125,000 miles at a purchase price of $700 or more. The law requires dealers to repair use or safety defects for either 30, 60, or 90 days, depending on the mileage of the vehicle.
You indicate he refuses, so I would make his day and file a complaint aginst him with the AG:
To file a complaint against a dealer:The Office of the Attorney General(XXX) XXX-XXXX
...Private Party Sales:In addition to the Lemon Aid Law requirements, a private party who sells a consumer a used vehicle must tell the buyer about any known use or safety defects. If the buyer discovers a defect which impairs the safety or substantially impairs the use of the vehicle, and can prove the seller knew about it, then the buyer can return the vehicle within 30 days of purchase. Private parties are bound by this law, regardless of the age or selling price of the vehicle. To prove the seller knew about it, I would present that defect to a licensed/credentialed mechanic, and ask his professional opinion about whether this would have been known by the seller or if it could have been a hidden defect that he was unaware of. That can be your evidence, your proof, if it comes down to it.
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