Legal Question in Consumer Law in Massachusetts

missed lemon law deadline

bought a used car, the dealer that sold it ti us overfilled the oil and we drove back to NH. Three days later we took the car to the Subaru dealer here in NH, who told us it was double what it should have been and said to drain and put in correct amount. He added that it is very bad for the engine and could cause damage. We drove the car for a few days after the oil change and the car was making an unfarmiliar sound, coming and going for days, the engine light was coming on intermittently. We took it to the Subaru dealer and he changed the O2 sensor and catalytic converter.

The sound returned several weeks later only to lose pressure and the engine seize. We have had it looked at by two Subaru mechanics who tell us the engine and heads need to be replaced. We have missed the lemon law 30 days by 5 days (in the shop now for over 2 weeks). We have called the dealer in Mass who sold us the car and he said he was covered because he knew the law inside and out. We paid 2800. for it and have 500. in work done to it, with an additional 3000. estimate for a rebuilt engine. We are renting cars to get the kids to school. Do we have any possible way to get this dealer to pay for the repair? He said he would not. We paid by credit card.


Asked on 1/25/07, 4:42 pm

1 Answer from Attorneys

Maria Murber Law Offices of Maria Murber, PC

Re: missed lemon law deadline

Did the vehicle ever pass state inspection? This is a very important factor.

You may or may not, have a cause of action under breach of contract, or unjust enrichment.

Another thing you may want to do is file a complaint with the attorney general/consumer regulator in Massachusetts against this company. Good luck!

Sincerely, Maria Murber

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Answered on 1/25/07, 5:27 pm


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