Lemon law for private party sale in Massachusetts

Asked over 5 years ago - Massachusetts

I just bought a car from a private party for around 7K and only after driving it away (and sinking 1.5K into other repairs) did I find that it makes a loud whining noise above 40 MPH (didn't do any high speed test driving). The dealership diagnosed it as transmission that is about to fail to the tune of 6500!!! Dealership said there's no way this person didn't know this was a problem. Mass law states: "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." It seems the seller had to have known of this noise (and there is rattling at 65-70 MPH). Is that and dealer saying he had to have known enough to make a case?

Attorney answers (1)

  1. Ronald Lee Burdge

    Contributor Level 20

    Answered . It sounds like it but so much more is needed to be known in order to tell for certain what your legal rights are. You should contact a Lemon Law attorney near you to find out. Be sure to show the attorney all your sales paperwork too when you explain the whole story. What is especially important in a private sale are the oral (or written) representations about the vehicle that are made in the selling process because those can amount to a legal warranty in some cases. Call your local attorney bar association and ask for a referral to a local Lemon Law attorney right away. You can also check online at this free (attorneys don't pay to get listed here) National List of Lemon Law Attorneys: http://www.ohiolemonlaw.com/locate-a-local-atto.... Remember that for every legal right you have, there is only a limited amount of time by which you must file a claim in court or you can lose your rights, so don't wait to find out what your lemon law or other consumer protection law rights may be.

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