The buyer of my used car (private sale) was unable to pass the safety inspection. One issue was known at time of sale and the sale price took this issue into consideration (the repair cost was greater than 10% of sale price ($1400)). Another smaller issue, which neither party was aware of at time of sale, also failed inspection (4% of sale price ($400)). The buyer has requested that I pay for the second item. The buyer inspected the car 15 days after the Bill of Sale date (which was 5 days after she took possession of the car). She notified me of this issue almost a 4 weeks after the failed inspection (and over 7 weeks after the sale).
Does the Lemon Law protect sellers in cases like this? I read the information on the Mass Consumer Affairs website. It seems the buyer
- Did not inspect the car 7 days after purchase, though she inspected the car within 7 days of vehicle possession.
- Did not notify me of this issue with 14 days from the date of sale (almost 7 weeks after sale).
Am I responsible for the $400 repair? And, if the Lemon Aid Law does not apply to this situation, does the seller have another recourse to collect money for this repair (she has made the repair)?
Thanks in advance!
Time limits for MA lemon aid law
Given that the larger repair cost was figured into the sales price, it does not appear that the lemon aid law is relevant, because the second repair does not satisfy the 10% cost exception of the lemon aid law. In any case, with respect to time limits, all you can do is rely on the language of the statute. Massachusetts General Laws Chapter 90, Section 7N allows the buyer to void the sale if "the motor vehicle fails to pass, within seven days from the date of such sale, the periodic staggered inspection at an inspection station" (My emphasis).
Also, Section 7N requires the buyer to notify the seller of his intention to void the sale "within 14 days from the date of sale," not within 14 days of taking possession. Further, in order to void the sale, the buyer must, within that 14 day period, "provide the seller with a written statement signed by an authorized agent of such inspection station stating the reasons why the motor vehicle failed to pass the safety or combined safety and emissions inspection and an estimate of the cost of necessary repairs."
You cannot control what the buyer does. She may decide to sue you. However, the clear language of the statute appears to support your position. I would refer her to the language quoted above.