Legal Question in Disability Law in Massachusetts

Sales of auto

I sold a vehicle in Mass to a NH resident. 60 days have passed and he wants money or partial refund because it wont pass NH inspection. He has also gotten into an accident in the vehicle (not part of failing inspection) Do I have to do anything? I did not clearly ask this question earlier this week.


Asked on 4/03/09, 2:14 pm

1 Answer from Attorneys

Denise Leydon Harvey Harvey Law Offices

Re: Sales of auto

If you have not sold more than 3 cars in one year, you are a private seller, so the MA "lemon law" is less restrictive than it is for a dealer. A private seller must disclose to any prospective buyer, before the sale is completed, all defects the seller knows of which impair the used car's safety or substantially impair its use. The seller's failure to disclose known defects entitles the buyer to rescind the sale within thirty days of the sale. He will be entitled to a full refund of all monies paid less a reasonable amount for use.

If the matter were brought to court, you can defend if the alleged defect does not impair the vehicle's safety, or substantially impair its use, or that it is the result of the buyer's negligence, abuse, damage caused by accident, vandalism or attempt to modify the vehicle.

If you are a private dealer and the buyer is looking to you for a refund after more than 30 days, I think he's too late.

I'm not sure what this has to do with the heading of Disability Discrimination, but I wish you good luck -

Read more
Answered on 4/06/09, 9:46 am


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in Massachusetts