Lemon Law on 1998 Corolla

[ralphy]

What is the name of your state (only U.S. law)? MA

I just bought a 1998 Corolla from small used car lot (not affiliated with Toyota) for $1300. When I went to get inspection done, it wouldn't pass. Turns out I need about $900 of repairs! The manager at the car lot told me it was my problem and he won't fix the car or give me my money back. I want to sue in small claims court. Can you tell me which law I should reference in my court papers and when I go to court? Thank you so much!

 

[Zigner]

it's 11 years old...

 

[HomeGuru]

it's 11 years old...

**A: good point so it falls under the Lemonaid Law.

 

[ralphy]

Yes, it is 11 years old. Does that make a difference?

 

[HomeGuru]

Yes, it is 11 years old. Does that make a difference?

**A: what papers did you sign regarding warranties etc.?

 

[Mass_Shyster]

it's 11 years old...

Doesn't matter. In Massachusetts any car sold for over $700 must pass the mandated state inspection.

Lemon Laws - Office of Consumer Affairs and Business Regulation

You don't need to go to small claims court. Check the above website for remedies.

 

[Zigner]

Yes, it is 11 years old. Does that make a difference?

CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT

MOTOR VEHICLES

Chapter 90: Section 7N. Voiding contracts of sale

Section 7N. Notwithstanding any disclaimer of warranty, a motor vehicle contract of sale may be voided by the buyer if the motor vehicle fails to pass, within seven days from the date of such sale, the periodic staggered inspection at an inspection station licensed pursuant to section seven W; provided, that the defects which are the reasons for the failure to issue a certificate of inspection were not caused by the abusive or negligent operation of the motor vehicle or by damage resulting from an accident or collision occurring after the date of the sale; and provided, further, that the cost of repairs necessary to permit the issuance of a certificate of inspection exceeds ten per cent of the purchase price of the motor vehicle.

In order to void a motor vehicle sale under this section the buyer shall, within fourteen days from the date of sale, notify the seller of his intention to do so, deliver the motor vehicle to the seller, provide the seller with a written statement signed by an authorized agent of such inspection station stating the reasons why the motor vehicle failed to pass the safety or combined safety and emissions inspection and an estimate of the cost of necessary repairs. The buyer shall be entitled to a refund of his purchase price unless the buyer and seller agree in writing that the seller may make the necessary repairs at his own cost and expense within a reasonable period of time thereafter. This section shall apply only to motor vehicles purchased for the immediate personal or family use of the buyer.

ETA: WITH THAT SAID - did you take it for inspection within 7 days?

 

[ralphy]

Thanks guys. That's the info I was looking for. I just bought it on Saturday and took it for inspection yesterday. After it failed I had my mechanic look at it today. No warranties, but it doesn't matter in MA.

 

[HomeGuru]

Thanks guys. That's the info I was looking for. I just bought it on Saturday and took it for inspection yesterday. After it failed I had my mechanic look at it today. No warranties, but it doesn't matter in MA.

**A: then follow the law and get your money back.

 

[BL]

I'd also give your State's DMV safety inspection bureau a call , and file a complaint if warranted ( to protect your interest).