Bought a junk care,wont my money back from private dealer?.

Lemon Law 2 views 3 answers
i bought a car 10 days ago with no problems but now a head light is out ,the check engine light is on the car is squeaking an the transmission is slipping can i get my money back threw court or lemon law it was a private seller .also i brought it to get inspected and it failed because the fog lights dont work. Is there a number i can call. HELP please

Attorney Answers

3
Philip Mason ·
You have protection under the Massachusetts Lemon Aid Law (private auto sale), but time is running out. You need to act right away. See the following link on how the law applies to you and how you can you use it to recover your damages: http://www.mass.gov/?pageID=ocaterminal&L=4&L0=Home&L1=Consumer&L2=Autos+and+Transportation&L3=Lemon+Laws&sid=Eoca&b=terminalcontent&f=the_lemon_aid_law&csid=Eoca This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.
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Ronald Burdge ·
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. Sounds like you are half way there but it also depends on how much you paid for the vehicle and what the repair cost will be. You need to get some estimates on repairs to know if the law is going to help you on this. But there are also some other general rules applicable to a used car sale. Buying a car in a private sale can be risky because the law is very different from a car dealer purchase. When a person sells a motor vehicle to another person, and neither of the seller is not in the business of selling vehicles, then in most states the only obligation on the seller is to answer your questions honestly and not hide anything that they know you would want to know before deciding to buy it. If the seller lies to you or hides something from you, that can be fraud in most states. The seller also has to tell the truth about the mileage on the car too by filling out correctly and honestly an odometer statement for the buyer. And in those states that require mandatory emissions tests in order to get a vehicle licensed to drive on the road, many of those states say that if the emission/pollution equipment was disabled or removed then the buyer may have the right to cancel the sale. If none of that applies to your deal, then you may be stuck. To find out for sure, you need to talk to a local Consumer Law attorney. Call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you or you can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give it a Vote Up below. Ron Burdge, www.BurdgeLaw.com
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Ralph Erskine Stevenson IIIState, Local, and Municipal Law AttorneyRocky Mount, NC ·
The previous answers are all very good advice. I cannot stress enough the short timetable you have in which to register a complaint. I would also recommend in the future to deal with a licensed auto dealer. The prices may be a little higher, but you get all the protection of various consumer laws that do not apply to private sales. Good Luck.
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