Cecily Zamora
The Massachusetts Lemon Law covers new and used vehicles with defects that impair safety or the ability to drive. The law applies to vehicles purchased from both licensed dealers and private parties. In the case of private sales, the seller must inform the buyer of all known defects that may affect the safety or use of the vehicle. If the buyer discovers a defect that the seller knew about but did not disclose, they may rescind the sale within 30 days of purchase. The seller is not required to repair the vehicle but must refund the amount paid, minus 15 cents per mile of use.
| Characteristics | Values |
|---|---|
| Does the Lemon Law apply to private sales? | Yes |
| What is a private seller? | Any person who is not a dealer and who offers to sell or sells a used motor vehicle to a consumer. |
| What is a dealer? | Any person who has sold more than three cars in a one-year period. |
| What are the requirements for private sellers? | Private sellers must disclose all known defects that impair the vehicle's safety or substantially impair its use. |
| What happens if a private seller does not disclose a defect? | The buyer has the right to rescind the sale within 30 days of purchase and receive a refund minus 15 cents per mile of use. |
| Are private sellers required to repair the vehicle? | No, private sellers are not required to repair the vehicle after it has been sold. |
| What to do if a private seller refuses to cancel the contract? | Consult with an attorney to determine the best course of action, as Lemon Law arbitration is not available for private party sales. |
What You'll Learn
Private sellers must disclose all defects
In Massachusetts, the Lemon Law requires private sellers of used cars to disclose all known defects that may impair the vehicle's safety or substantially impair its use. This means that private sellers must inform buyers about any issues with the car that they are aware of, especially those that could impact the safety or functionality of the vehicle.
If a private seller fails to disclose a known defect, the buyer has certain rights and options for recourse. Within 30 days of the purchase, the buyer can choose to rescind the sale and seek a refund. It is important to note that the refund amount will be reduced by 15 cents for every mile that the vehicle has been driven since the purchase.
To prove that the seller knew about the defect and failed to disclose it, buyers can take several steps. These may include obtaining previous service records, ensuring proper documentation with a title and bill of sale, and having the vehicle inspected at a licensed Massachusetts Inspection Station.
It is worth noting that private party sellers in Massachusetts are not legally required to repair the vehicle after it has been sold, unlike car dealerships that are obligated to fix defects affecting the vehicle's safety or use. Therefore, it is crucial for buyers to be vigilant and conduct thorough inspections before finalizing the purchase of a used car from a private seller.
In summary, the Massachusetts Lemon Law emphasizes the responsibility of private sellers to disclose all known defects, empowering buyers with the right to rescind the sale and seek refunds if this obligation is not met.
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Buyers can rescind the sale within 30 days
In Massachusetts, buyers can rescind the sale of a used car purchased from a private seller within 30 days if they discover a defect that impairs the vehicle's safety or substantially impairs its use. This is applicable only if the buyer can prove that the seller was aware of the defect but failed to disclose it.
The Massachusetts Lemon Laws require private parties selling used cars to inform buyers about all known defects that can impair the safety or substantially impair the use of the vehicle. This law applies to all private party sales, regardless of the price or mileage.
If you discover a defect that meets the above criteria and can prove that the seller knew about it but did not disclose it, you have the right to cancel the sale within 30 days of the purchase date. The seller is then obligated to refund the amount you paid for the vehicle, minus 15 cents per mile of use.
It is important to note that private party sellers are not legally required to repair the vehicle after it has been sold. If a private party seller refuses to cancel the contract within 30 days of the sale, it is recommended that the buyer consult with an attorney to determine the best course of action, which may include pursuing the matter in court or exploring alternative dispute resolution methods such as mediation.
To prove that the car has a defect and that the seller was aware of it, it is advisable to gather previous service records, obtain a proper title and bill of sale, and have the vehicle inspected at a licensed Massachusetts Inspection Station. Additionally, all vehicles must have a certificate of title issued by the Registry of Motor Vehicles (RMV) and be properly endorsed at the time of sale.
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Sellers must refund the amount minus 15 cents per mile
In Massachusetts, the lemon law applies to private sales of used cars. This means that if you buy a used car from a private seller and discover a defect that impairs the safety or substantially impairs the use of the vehicle, you have certain rights under the law.
The Massachusetts Lemon Laws require private sellers to inform buyers about all known defects that may affect the safety or substantially impair the use of the vehicle. If the private seller fails to disclose any known defects, the buyer has the right to rescind the contract and cancel the sale within 30 days of the purchase date.
When a buyer chooses to cancel the sale within the specified time frame, the seller must refund the amount paid for the vehicle, minus 15 cents for each mile of use. This means that the seller can deduct a certain amount from the refund based on how many miles the buyer has driven the car since purchasing it. This deduction is calculated at a rate of 15 cents per mile.
For example, if a buyer purchases a used car from a private seller and later discovers a safety-impairing defect that the seller did not disclose, the buyer can cancel the sale within 30 days. If the buyer has driven the car for 500 miles during that time, the seller would deduct $75 (500 miles x $0.15) from the refund amount.
It is important to note that private party sellers are not required to repair the vehicle after it has been sold, unlike car dealerships that are obligated to fix defects affecting the vehicle's use or safety. Therefore, if a defect is found, the buyer's primary recourse under the Massachusetts Lemon Law is to cancel the sale and receive a refund, less the applicable mileage deduction.
To ensure a smooth process, buyers should be sure to have proper documentation, such as service records, a certificate of title, and a bill of sale. Additionally, having the vehicle inspected at a licensed Massachusetts Inspection Station can provide additional support for any claims related to defects or needed repairs.
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Private sellers aren't required to repair the vehicle
In Massachusetts, the Lemon Law applies to private sales of used vehicles. This means that if you buy a used car from a private seller, they are required to inform you of any defects that may impact the safety of the vehicle or impair your use of it.
However, private sellers are not required to repair the vehicle after it has been sold. This is a key difference from the law for car dealerships, which mandates that they fix any issues that affect the vehicle's functionality or the safety of its occupants.
If you purchase a used car from a private seller and discover a defect that impairs the vehicle's safety or substantially hinders its use, you have certain rights under the Massachusetts Lemon Law. You may rescind the sale within 30 days of purchase if you can prove that the seller was aware of the defect but failed to disclose it. In such cases, the seller must refund the amount paid for the vehicle, less 15 cents per mile of use.
It is important to note that private sellers are generally exempt from most laws that govern auto dealers. They are not required to provide a "buyer's guide" or make certain disclosures about the vehicle's history or condition. Therefore, when buying a used car from a private seller, it is crucial to conduct due diligence by getting a professional pre-sale inspection, reviewing repair records, and performing a background check on the vehicle's VIN number.
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Buyers can report sellers to the police
If you have been defrauded by a seller on eBay, or have reason to believe you have discovered stolen goods, you should contact your local police to report the incident. The police will decide whether to investigate the incident as a crime or a civil dispute.
Before reporting the incident to the police, you should try to resolve the issue with the seller directly. If this does not work, there are other ways to resolve the issue before going to the police, such as eBay Resolution Centre, Items Not Received, and eBay Buyer Protection.
If you do decide to report the seller to the police, you can do so by going to your local police station or calling the local police operator on a non-emergency number. The police will need essential details, such as the date and time of the offence, and the names of the victim and suspects. If you have tried to contact the seller, you may have exchanged names and addresses, which will be useful for the police in trying to trace the other person. If you have exchanged emails with the seller, you should keep and print copies of these to provide to the police.
If the police decide to take the matter further, the investigating officer will contact eBay, who will provide the information the police need to help with the investigation.
In Massachusetts, if you buy a used car from a private seller and discover a defect that impairs the safety or use of the vehicle, you may rescind the sale within 30 days of purchase if you can prove that the seller knew about the defect but did not disclose it. To report activity by a private seller, you can contact the police department or licensing authority of the city or town where the vehicle is located.
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Frequently asked questions
The Massachusetts Lemon Law, also called the Used Vehicle Warranty Law, provides assistance for vehicles that are declared lemons. A vehicle is deemed a lemon if it has a substantial defect that impairs driver safety, impairs the drivability of a car, or impacts its market value, and has not been repaired after a reasonable number of attempts.
Yes, the Lemon Law applies to private sales. If you buy a used car from a private party, the seller must inform you of any and all known defects with the car that may affect safety or impair your use of the car.
If you discover a defect that impairs the vehicle's safety or substantially impairs its use, and you can prove that the seller knew about the defect but failed to disclose it, you may rescind the contract and cancel the sale within 30 days of the purchase date.
The Lemon Law covers both new and used cars. New cars, motorcycles, vans, and trucks purchased from a licensed dealer are eligible if they have at least one significant defect discovered and have repair attempts within one year or 15,000 miles of purchase. Used vehicles are covered if they were sold by a Massachusetts dealer or private party, cost at least $700 (for dealer sales), and had fewer than 125,000 miles when purchased (for dealer sales).
After a consumer has made a reasonable number of attempts to fix the problem, manufacturers have a final repair attempt, which cannot take more than seven business days. After this, consumers are eligible to file a claim for Lemon Law benefits or request arbitration by the Massachusetts Office of Consumer Affairs and Business Regulation New Car Arbitration Program to resolve their request. Claims must be submitted within 18 months from the vehicle's original delivery to the customer.
