Hello, I bought a used car from a Toyota dealer about 2 weeks ago. When I picked-up the car I noticed that the steering wheel wasn't centered when driving straight. Today I took the car to a different, closer, Toyota dealer to have them look at the problem. At first they just thought it needed an alignment, but after inspecting it, they told me it has a bent tie-rod and needs a new power steering rack -- $2000 worth of repairs (purchase price was $19,300). They said it looks like it was in an accident because there is some non-factory repainted area inside the front fender. The dealer I bought it from told us it had a clean accident history when we bought it. What am I entitled to under MA lemon laws? A full refund? Full repair? Anything? The summaries of the lemon law seem to have some vague wording about defects caused by accidents not qualifying under the lemon law. Any help is appreciated!! Thank you.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
MA used vehicle warranty law
Using the MA lemon aid law could be problematic because of the time limits associated with the vehicle inspection, among other reason. However, you should be aware of the MA Used Vehicle Warranty Law. Under that law, Massachusetts automobile dealers are required to provide an express written warranty “covering the full cost of both parts and labor necessary to repair any defect that impairs the said motor vehicle’s safety or use."
Obviously, the dealer may argue that the issue does not impact the vehicles safety or use. Given the amount of money involved, were I in your shoes, I might ask a MA consumer law attorney to draft a letter. If that does not appeal to you, and the dealer does not offer a refund or repair, you can try to take advantage of the arbitration clause in the law. Finally, the language regarding accidents and abuse of the vehicle is only relevant when the accident or abuse occurred after the sale to the consumer. Good luck.
Used Vehicle Warranty...
Thanks for your quick reply! After reviewing the MA Used Vehicle Warranty Law, I would expect them to repair the problem. A bent tie rod would certainly qualify as a defect that impairs use or safety; the vehicle's wheels can not be properly aligned while the tie rod is bent. Once it is bent, it is also weakened structurally. If the dealer won't fix it, I'll definitely look for an attorney.
I had a couple other questions about the Lemon Aid Law that might be helpful to other readers, even if they don't apply to my case. The time limit for inspections stated in the Lemon Aid Law is 7 days from purchase. I assume that's not 7 'business' days, and includes weekends. This seems to me too short a period for the consumer. In my case, the car was "purchased" on a Tuesday, but we didn't take possession until Saturday, so we would have lost 4 of our 7 days to get it inspected, more if you count many inspection stations are probably closed Sundays. Is there an allowance in the law for taking possession later than the date of the sales agreement?
Thanks for your help and for providing this Q&A board! -Jm