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Understanding the Private Party Lemon Law
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What is the Private Party Lemon Law?
A private seller is anyone who sells or offers to sell a used motor vehicle to a consumer without being a dealer. In Massachusetts, selling more than three cars in a year qualifies someone as a dealer, requiring them to obtain a used car dealer license.
Understanding OUI and DUI Charges
Responsibilities of Private Party Sellers
Under Massachusetts Lemon Laws, private sellers must disclose all known defects that impair the safety or substantially impair the use of the vehicle to potential buyers. This requirement applies regardless of the vehicle's price or mileage. Unlike dealers, private sellers are not obligated to repair the vehicle after the sale.
Your Rights as a Buyer
If you find a defect that impairs the vehicle’s safety or substantially impairs its use, and can prove that the seller knew about it but did not disclose it, you have the right to rescind the contract (cancel the sale) within 30 days of the purchase. The seller is then required to refund the purchase price minus 15 cents per mile driven.
Steps to Take if a Seller Refuses to Comply
If the private party seller refuses to cancel the contract within 30 days, you should consult with an attorney to explore your legal options, which may include pursuing the matter in court.
Conclusion
Massachusetts Lemon Laws protect consumers even in private party vehicle sales. Know your rights and take action if you believe a seller has not been truthful about a vehicle's condition. For assistance, contact Consumer Rights Law Firm PLLC to help navigate your legal options.
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