Submitted by winston on Wed, 09/07/2011 - 09:21
Posted in
I bought from the dealer a used car, with an extended warranty. After a few days the perfume they put in the car wore off and now it stinks like cigarettes. Does the Lemon Aid Law allow me to return the car? I called the dealer and they said they would take care of it, my thought is they will just perfume the car again. Third hand cigarette smoke is considered toxic by the Mayo Clinic. It is a law in some states to not transport children in a car with a smoker, or previous smoker. Obviously the dealer intended to cover the smell to sell it.
Unfair and deceptive act in MA?
In another post I dealt with a similar question regarding the MA Lemon Aid Law and a bad smell. I didn't hold out much hope for the buyer of the car to get a refund under the Lemon Aid Law. However, that was a private sale and, accordingly, the Massachusetts Consumer Protection Act (93A) was not applicable. If the odor problem persists, you should think about a 93A demand letter to the dealer. Depending on the amount involved, you might also consider hiring a Massachusetts attorney to help you out. Although, in a situation like this, Massachusetts law does not spell out in bold letters what it means when a business practice is unfair and deceptive, our courts have determined that an act is unfair and deceptive if a reasonable person would find it unacceptable and unfair. In other words, pun intended, the act must not fail the smell test. When a dealer knowingly attempts to camouflage an unpleasant odor, knowing also that the odor is likely to persist, I think that is unfair and deceptive. Good luck.
I understand the 'bad smell',
I understand the 'bad smell', however third hand smoke has 250 poisonous toxins found in cigarette smoke. One such substance is lead.
Car odor
Not sure what you want me to tell you. I think you should do the demand letter because of the smell. I'm not a scientist, but I do not believe that your car poses any of the dangers usually associated with second hand smoke, because there is no longer any smoke in the car. If you disagree, go ahead and raise that issue too.
Hoping there was a specfic regulation I could use
When I go to argue that the car is unacceptable. Formation of carcinogens indoors by surface-mediated
reactions of nicotine with nitrous acid, leading
to potential thirdhand smoke hazards. That is the title of a University of California study proving surface toxins are left long after the secondhand smoke has dissipated. Out of the many out there including the Mayo Clinic, that one is the easiest to read. Scientific American has also done a series on this which is easy enough to google.