Does the Massachusetts Lemon Aid Law apply to interstate transactions? We (a private party seller) recently sold our nine year old car. We live in MA and the buyer lives in another state. We sold the car knowing of NO defects and made sure to point out superficial blemishes on the vehicle when he came by to look at it. Originally the car did fail MA inspection this year (when we still owned it) and we made the necessary repair and it passed a MA inspection earlier in the week prior to selling. The buyer is now trying to return the car under the MA Lemon Aid law. We do not think we need to return the vehicle under the law because it did not fail a Massachusetts inspection within 7 days as the buyer had it inspected in his home state. The MA consumer website states it must fail a MA inspection and they buyer hasn't met that requirement. In addition we feel the seller is acting fraudulently and not in good faith because we know (and have proof) that the car passed a MA inspection less than a week before he purchased it. Does a out of state inspection rejection qualify for return under the MA lemon law?
Submitted by MAresident on Fri, 11/19/2010 - 21:56
Posted in
Inspection under lemon aid law
Yes, you are correct. Massachusetts General Laws Chapter 90, Section 7N, allows the buyer to void the contract for sale if the automobile fails the inspection at an "inspection station licensed pursuant to section seven W." In other words, Massachusetts inspection stations. Keep all your paper work in case the buyer decides to pursue this matter, but I doubt he will. Good luck.
Thanks.
Thank you for your response. It confirmed what I thought and made me feel a little more at ease.