Implied Warranty, Suing Out-of-State

[audioresearch]

I'm in Massachusetts and I purchased online from an out of state seller a part for my car that has failed after 2 years. The seller's warranty is only for 12 months. I believe it is ridiculous for this part to fail so soon because the car is hardly used (less than 2500 miles on it since part installed and the part is a steering part). This part was advertised as a "remanufactured" part which is defined as a part that has been restored to brand new functional condition. The original part lasted for about 31 years and so I am convinced that the manufacturer of this remanufactured part had to have failed to replace one or more internal parts that had wear on them.

It is my understanding that in Massachusetts, there is an implied warranty of merchantability & fitness that I think overrides the manufacturer's 12 month warranty.

Is that correct? Is the sale considered to have been made in MA where I live or in the state of the seller?

Since both the seller (www.rockauto.com) and the manufacturer (ATSCO Reman, in Arizona) are out of state, is there anything I can do about this in any court that would make any financial sense to do (my travelling to AZ is out of the question). I have done MA district court and MA Superior Court cases pro se and know my way around a courtroom and at least would probably not need a lawyer (although I would use one if there was an excellent chance of a win and the lawyer would do this on contingency). When I do pro se cases, I almost always hire a lawyer as a consultant on an hourly basis just to look over my shoulder so I don't screw anything up and this has worked well for both me and for the lawyers.

 

[Zigner]

I'm in Massachusetts and I purchased online from an out of state seller a part for my car that has failed after 2 years. The seller's warranty is only for 12 months. I believe it is ridiculous for this part to fail so soon because the car is hardly used (less than 2500 miles on it since part installed and the part is a steering part). This part was advertised as a "remanufactured" part which is defined as a part that has been restored to brand new functional condition. The original part lasted for about 31 years and so I am convinced that the manufacturer of this remanufactured part had to have failed to replace one or more internal parts that had wear on them.

It is my understanding that in Massachusetts, there is an implied warranty of merchantability & fitness that I think overrides the manufacturer's 12 month warranty.

Is that correct? Is the sale considered to have been made in MA where I live or in the state of the seller?

Since both the seller (www.rockauto.com) and the manufacturer (ATSCO Reman, in Arizona) are out of state, is there anything I can do about this in any court that would make any financial sense to do (my travelling to AZ is out of the question). I have done MA district court and MA Superior Court cases pro se and know my way around a courtroom and at least would probably not need a lawyer (although I would use one if there was an excellent chance of a win and the lawyer would do this on contingency). When I do pro se cases, I almost always hire a lawyer as a consultant on an hourly basis just to look over my shoulder so I don't screw anything up and this has worked well for both me and for the lawyers.

There is a 12 month warranty - you have no case.

 

[LdiJ]

There is a 12 month warranty - you have no case.

I agree that you have no case. However, if you broach the matter to them very politely and calmly...explaining how few miles the car had been driven with that part on it, they might help you out, out of goodwill and to garner good word of mouth.

 

[tranquility]

You might also review the meaning of the implied warranties you are speaking about.