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Lemon Aid Law

Massachusetts General Laws Chapter 90, Section 7N (commonly called the “Lemon Aid Law”) allows a buyer to void a contract and return the vehicle if it fails to pass the safety or emissions inspection within 7 days of the sale AND the estimated cost of repair exceeds 10% of the purchase price.
The man who bought my car informed me by certified mail within the 14 days, but I did not receive it until the 17th day, and he didn't call me about it until the 16th day. He bought the car on 6/11, and had the inspection on 6/19. Within the two weeks he had the car, he also put 2000 miles on it.

Since in the inspection was conducted and failed on the 8th day, this is outside of the realm of the above law correct? Does he have any lee way in court since it was one day outside of the requirement, or is it a hard and fast 7 days? Also the law states the car must be delivered to the seller on the 14th day, with a witness and notary public present, which did not occur either. He is asking for just $500, or saying we will go to court; does it even seem like he has a worthy case?

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Submitted Fri, 06/30/2017 - 15:22

If the inspection was not performed by the 7th day, the buyer probably cannot use the Lemon Aid Law to get a refund on the car. However, the lemon aid law isn't the only law that allows a buyer to claim that you owe them money.

Massachusetts also has a "Used Vehicle Warranty Law" that CANNOT be disclaimed. Massachusetts does not allow you to sell another care for use (as opposed to parts/trade in) "as is." You can see information on the Warranty here: If the car had defects you knew about (and this can be shown by presenting evidence you SHOULD have known about, not necessarily that you actually knew) they may be able to have a remedy.

Atty. David Owens
Grolman LLP

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