Legal Question in Consumer Law in Massachusetts

Lemon

I bought a car from my ''trusted'' mechanic of thirty years over two months ago. Within a week after the purchase, there was a smokey smell coming out of the air vent. There was also some oily substance under my car. I took the car back to my mechanic and mentioned these issues. He looked it over and stated that he could not find anything wrong. I continued to drive the car for approximated two more months. While on a major highway, the car jerked and then a grinding, scraping noise was coming from the engine area. AAA towed my car home. I took the car to my mechanic the following day. He replaced some seal and stated that though the noise was softer, I could drive on it for awhile - ''could be a week, could be a year.'' The noise was very noticeable and I returned the car to him the following day. He looked over the car that day, and then informed me that I would need a new transmission - $1700. I paid $3000 dollars for the car. My mechanic had the car a full week. He loaned me a car for one day. I had two appointments that needed to be attended to which I informed him of. One of which I made, the other was a job interview, I missed, he claimed no car. I have paid for the transmission. Do I have a small claims case?


Asked on 10/01/06, 4:44 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Lemon

It depends. Did you get a warranty? If you did, how long was the warranty for, and what did it say.

Did the seller make any representations about the state of the car, and what kind of problems would he fix if they arose.

Were there any other promises made.

How much did the car cost?

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Answered on 10/01/06, 4:54 pm
Maria Murber Law Offices of Maria Murber, PC

Re: Lemon

Please see Massachusetts General Laws (Lemon Law) Chapter 90, section 7N. This statute will give you the information on whether or not, you have a cause of action. Good luck!

Sincerely, Maria Murber

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Answered on 10/02/06, 6:52 am


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