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Thomas R. Beauvais

Thomas Beauvais’s Answers

68 total

  • I am a MA resident. I purchased a used vehicle in NH and was told it was ok. turns out it was faulty. What can I do about this?

    Pretty much test driven the car it was fine. Brought the car home and the engine light went on the same day. I found out there was some issues with the car. After I was told otherwise. Is there anything I can do about this seeing as I am a Massach...

    Thomas’s Answer

    If you bought the car in New Hampshire, the New Hampshire law will apply. Here's a quick overview of New Hampshire used car laws

    Also, you should do a search for a New Hampshire consumer attorney to see if they might have any better advice. You can find one here:

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  • Can I have the dealer repair the damages my car has?

    I got a used car a couple months ago. Now a couple days ago the transmission went bad. I can no longer drive the car because of this. When i was buying the car I never received a car fax even though i asked for one. I was never told that the car w...

    Thomas’s Answer

    If the dealership is located in Massachusetts, then your car is likely still under warranty. In MA, a dealer cannot sell the car to you "as-is". You'll want to double check all the paperwork they gave you, but if they did not give you a warranty under the Massachusetts Used Vehicle Warranty Law, which is between 30-90 days depending on the mileage of the car, then the warranty extends until they actually provide you with a correct warranty.

    During the warranty period, the dealer cannot refuse any repairs that impact the vehicle's use or safety. The transmission would qualify. If they do refuse a repair during the warranty period, then you are entitled to a full refund, which would include finance charges and insurance.

    This only applies if the dealership is in Massachusetts. I noticed you're up in Lawrence. If you bought the car in New Hampshire, Massachusetts law isn't going to apply.

    Hope this helps.

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  • What should I do?!

    About 2 1/2 years ago I had my transmission rebuilt which came with warranty I'm under warranty until May 2015. Recently I had my check engine light come and it was a transmission code, took it back 2 the repair shop and told them what my mechanic...

    Thomas’s Answer

    How do you know it was initially a transmission code? You can always have an independent mechanic run the check and print out the report of the code that comes back. If it is really the transmission then you'd be entitled to repairs.

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  • Is there a Dollar amount to sell a used car As-Is without them coming back within 30 days for a full refund.

    My father wants to sell a vehicle for $2,600 or best offer As-Is. Is there a dollar amount in MA where they can come back and return the car within 30 days if anything goes wrong with it even at their fault where the vehicle is sold As-Is As Seen.

    Thomas’s Answer

    • Selected as best answer

    The amount you sell the car for isn't the issue. There are two ways a buyer can get their money back from a private used car sale.

    First, if the car fails inspection within 7 days of purchase and the costs of repairs are more than 10% of the sale price, they're entitled to a refund if they notify the seller within 14 days.

    Second, if the buyer discovers a defect that would significantly impair the use or safety of the vehicle within 30 days of purchase AND can prove the seller knew of the defect and didn't tell the buyer, they would be entitled to a refund.

    So neither the price, nor an "as-is" disclaimer will help you with either scenario. If you really want to do your best to protect against someone asking for a refund, I'd recommend that you take the car to a mechanic yourself. Have them perform a service called a "pre-purchase inspection". What they'll do is take a look through the car and tell you all of the car's problems and give you a written report of their findings. Then just be sure to give a copy of that report to whoever buys the car. That will put them on notice of any of the car's defects. That way they can't claim later you didn't tell them.

    That won't be able to prevent someone from asking for their money back if the car doesn't pass inspection, but the deadlines for that law are very strict, so you should just avoid spending the sale money until the 14 days are up. It should help you, though, if they ask for their money back under the 30 day law.

    Hope this helps.

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  • What action can be taken? Also, are they responsible for repairs that are clearly still an issue?

    I recently bought a car from a used dealer. I have not had this car for 30 days. Some issues has arised with the car such as: 1. Rear brakes are not functioning properly and making noise 2. There is a distinct whining noise coming from the trans...

    Thomas’s Answer

    If you notice the same problems that you saw before, then you should take it back to the dealer and let them know the defects still need to be fixed.

    Under the warranty law, you have to give them 3 attempts to repair the defect before its considered a lemon. Each repair attempt extends the warranty for those defects for 30 days. If its still not fixed after the 3 attempts or if the dealer ever refuses to make a repair during the warranty period, then you'd have a right to get your money back.

    Each time you get the car back, be sure to get a copy of any work they claimed to have done. You have a right to that documentation.

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  • Does a used car dealership have to disclose if a vehicle was a manufacturer buyback....TWICE !! ??

    Bought a 2005 used vehicle back in March 2011. Has never run smoothly to my liking but was told it was because it was an AWD and they tend to run a little rougher. Never having owned one before i didn't know any different. Have to travel a distanc...

    Thomas’s Answer

    Attorney Wells is correct, and Massachusetts is one of those states that requires resale notifications. I'd also recommend you try to find a local lemon law attorney at

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  • Is it legal in Massachusetts for a used car dealer to sell a car/truck without working airbags?

    I went to a buy here pay here used car dealer. I put 1000 dollars down on a 98 ford explorer. I'm supposed to pay him 200 a month for 9 months for the other 1800 I still owe him. He did give me a 30 day warranty with the vehicle. I took it to a fr...

    Thomas’s Answer

    You're dealing with a number of issues here. You should speak with an attorney familiar with auto fraud and lemon laws to look at whether the warranty was breached, the odometer was tampered with, and the whether your payment terms were proper.

    To answer your direct problem. It's likely the 30 warranty you were given was the required warranty under the MA used vehicle warranty law. If that's the case, if you took the vehicle to the dealer for the same safety defect at least 3 times, and the dealer either can't or refuses to fix it, then you should be entitled to a full refund plus any out of pocket costs, minus your use of the vehicle (at $0.15 per mile).

    I would recommend going to and find an attorney nearest to you who practices in this area of law. NACA members only represent consumers and are very knowledgeable. Best of luck.

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  • Can I get my money back?

    I purchased a used car from a private seller 3 days ago I still have texts from him stating the car is 100% reliable .I paid 1,600 cash . Today i drove maybe 10 miles with my mom n infant son and my engine blew had to pay to have it towed home and...

    Thomas’s Answer

    The above answers have given a pretty good recap of the law. Here's what you need to do. Your question was posted 3 days ago, and you said you bought the car 3 days before that. If you haven't done so, get the car inspected TODAY. You get 7 days to have the car inspected. Cars that don't run will automatically fail.

    If it fails inspection, get the mechanic to give you an estimate for the repairs necessary to get the car to pass inspection. If those repairs cost more than $160, you're entitled to a full refund.

    Next write a letter to the seller telling him or her that the car failed inspection, the repairs are more than 10% of the sale price, and you want a refund. Include a copy of your failed inspection report and repair estimate. You have 8 days to send that letter (14 from the date of sale). Be sure to send it by certified mail so you have proof of receipt.

    If the seller refuses to give you a refund, its true you can go to court. However, you might be better served by first taking advantage of the Attorney General's Office mediation program. You can get more info about that here:

    If you don't do everything in time, the other answers are correct, that you are also entitled a refund within 30 days of sale if you can prove the seller knew of the defects before the sale. That's not easy, just because it is obvious to you now, doesn't mean it was obvious to the seller before the sale. If you have to go down this road, you should consult an attorney. Go to and click the "find an attorney" menu button. NACA members represent exclusively consumer interests so you can be sure you're getting someone who knows how to help. I believe there are a couple in the Fall River area.

    I hope this helped. Best of luck to you.

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  • Odometer Law

    I bought a used car and during the transfer, the dealer had to sign a declaration about the odometer. He told me it was no big deal. I am not American so, I didn't know what was going on. When I received the car certificate, there was the ODOMETER...

    Thomas’s Answer

    There are a couple of possible problems here.

    You've already noticed a problem with the odometer. You also described that there are repairs you've had to make. Depending on the extent of those repairs, you may be able to invalidate the sale. All of this depends on all of the circumstances involving the sale of the car and your use of the car.

    The only way to know for sure is that you should speak with an auto fraud attorney about it. I would suggest you go to, where you can find the closest one to you.

    Best of luck.

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  • Can I sue my dealership?

    I bought a car from the dealership two years ago, they told me it was new. I still have all the paper work that also states it's new, but I recently found out through another car dealership when they pulled the car fax it had one previous owner an...

    Thomas’s Answer

    Yes. It is unlawful to advertise a car for sale as new if it is not. As the previous answer suggested, you likely have a claim under the Massachusetts consumer protection act. You may also have claims for fraud and breach of warranty. Also, depending on the extent of the damage from the accident, you may have claims for their failure to disclose that as well.

    You should go to and find a consumer attorney near you to have them look over this with you to find the best course of action.

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