WE PURCHASED A 9 YEAR OLD CAR FROM A PERSON (CALL HIM MR. X) WHO REPRESENTED HIMSELF AS A PRIVATE PARTY, BUT OWNS A TRANSPORTATION BUSINESS. HE NEVER DROVE THE CAR, BUT HAD TITLE SIGNED OVER DUE TO SOME DEFAULT FROM THE ORIGINAL OWNERS BUSINESS DEALINGS WITH THE CURRENT SELLER, MR X. THE CAR WAS LOOKED AT BY HIS MECHANIC PER HIS INSISTENCE, AND ALTHOUGH THE CAR HAD THE ENGINE LIGHT COMING ON, IT WAS PROMISED TO BE RESOLVED AND THAT MR X WOULD "SEE IT THROUGH MA INSPECTION". WE STORED THE CAR WITH HIM THROUGH MUTUAL AGREEMENT AS HE KNEW WE WERE PICKING IT UP AS A GIFT FOR OUR TWO TEENAGE GIRLS - LICENSES PENDING WITHIN THREE TO FOUR MONTHS.
ONCE WE TOOK POSSESSION THE FOLLOWING HAPPENED IN ORDER: ENGINE LIGHT BACK ON (MR X MECHANIC SAID IT WILL LIKELY GO OFF AFTER TWO WEEKS OF DRIVING), FAULTY SENSOR NEEDED TO BE REPLACED, ANOTHER SENSOR INDICATING ENGINE PROBLEM, OIL WAS LOW WITH AND DIRTY WITH ONLY A WEEK OF DRIVING, TOTALLY DEFECTIVE TIRE IDENTIFIED AND IMMEDIATELY REPLACED DUE TO DANGER, WRONG SIZE TIRES ON FRONT, DEAD BATTERY, STILL REJECTED AT MA INSPECTION, MAJOR EXHAUST REPAIRS INDICATED BY ENGINE CODES WERE ALSO REPLACED, THEN UPON DRIVING LESS THAN 800 MILES THE CAR ENGINE TOTALLY DIED (ON THE HIGHWAY) AND WAS DEEMED TOTAL ENGINE FAILURE (INOPERABLE) AFTER BEING TOWED TO A DEALERSHIP SERVICE CENTER.
WITH AN ADDITIONAL $1500 OF REQUIRED REPAIRS, BY OUR OWN MECHANIC, IN THREE WEEKS , THE CAR IS WITHOUT A WORKABLE ENGINE AND STILL A MASS STATE INSPECTION REJECT. THIS DOES NOT EVEN ACCOUNT FOR OUR LOST TIME OUT OF WORK, LOST APPOINTMENT WHEN CAR DIED, TIME TO TOW, TRIPS TO GET CAR BACK (2 HOUR RIDE). IT APPEARS THAT THIS PERSON WOULD HAVE KNOWN BETTER AND TRIED TO CONCEAL THE PROBLEMS OF THE CAR...AND THE FACT THAT IT COULD NEVER PASS INSPECTION!!! SHOULDN'T WE HAVE RECOURSE TO ALL INVESTED OR TOTAL RESOLUTION TO BRING THE CAR BACK TO LIFE. WE REALIZE THE LEMON LAW (AID) DOES NOT FULLY APPLY BUT OTHER CONSUMER PROTECTION SHOULD... HELP!!!!!!!!
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Editor's Response
For some reason I had trouble following your description of events, but follow this link to a posting about the Massachusetts law re used cars, the so-called lemon-aid law. Be aware that there are some time restrictions for taking advantage of that law. Also, depending on the amount of money involved, you may want to contact a Massachusetts consumer protection attorney to discuss other theories of liability, including the Massachusetts Consumer Protection Act (93A, if you can show the seller is a merchant, you may be entitled to triple damages) and breach of contract. Good luck