Legal Question in Consumer Law in Massachusetts

buying a car with a branded title unknow to buyer

I took a loan out on a 1995 Chrysler Lebaron 4 years ago. I just paid it off and got the title only to find the title branded (rebuilt). The car is worth nothing but scrap to sell. What are my rights, do I get all my money back or do I just get what it is worth today? I bought it in Mass but now I live in Florida. I drove this car with children in it and I drove this car from Mass to Florida. Please help what are my rights. thanks--name removed--


Asked on 1/17/06, 9:52 am

2 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: buying a car with a branded title unknow to buyer

Check all Documents you received when you purchased the vehicle. They should have given conspicuous notice to you that the vehicle was "rebuilt". If you never had an opportunity to physically see the title until the loan was paid, take all documents to an attorney to determine whether you may have a cause of action against the seller for violation of the Massachusetts Consumer Protection Act which may entitle you to double or treble damages plus your attorney's fees. Good Luck!

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Answered on 1/17/06, 1:27 pm
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: buying a car with a branded title unknow to buyer

I'm not sure you understand what "rebuilt" means on the title. It means the car either was in an accident or had some other damage that meant it could not be sold without being rebuilt. After being rebuilt, it had to pass inspection and be saleable. You can (and should have before you bought it) check out the car's history on carfax.com.

If it was sold to you as a used car with no notice that it was rebuilt, and you paid more for it than you would have paid for a regular used car, not rebuilt, you might be able to take action against the dealer in one or more ways:

1) Send a letter to the dealer-seller "pursuant to Mass. General Laws Chapter 93A", enclose a copy of the title, explain what you learned and when, and ask for a refund of what you calculate was the overpayment. The dealer has 30 days to give you a written response and, if it is not adequate or there is no response, you can sue and maybe get double or treble damages, and attorney's fees and costs. If it was a private sale, not from a dealer, this does not apply.

2) You can ask the MA Attorney General's consumer ptotection office to help you (online through mass.gov), although I wouldn't hold out a lot of hope, but it is an election year. Again, if it was a private sale, this will not get you anywhere.

3) You can sue under the uniform commercial code and common law for fraud and misrepresentation. Even if it was not a dealer the fraud action could be brought against a private seller.

The "rebuilt" on the title should not prevent you from selling it, but the car is 11 years old and probably has high mileage.

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Answered on 1/17/06, 1:46 pm


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