Bought car in MA, question about Lemon Law

[klpatrick]

What is the name of your state (only U.S. law)? MA
We bought a Hundai Santa Fe from a dealership (not a Hyundai dealership, it was a trade in) a couple weeks ago. We found out there was a recall on it and brought it to a Hyundai dealership to have the recall taken care of, and while there asked them to do an 18 pt. check on it. They found that the timing belt, which is supposed to be changed at 60,000 hadn't been changed, and they highly recommended we have it changed since it has an interference motor and would cause big $ damage if it went (83,000 miles on vehicle now). We had them change it but after I thought about it ($350 later) and called the dealership we got Santa Fe from and asked if they would help us cover cost. He was rude and said "No, that's a maintenance issue." I said "I agree it's maintenance but it should have been changed 23,000 miles ago, which now makes it safety." I also told him he said the car was all set to go and the timing belt should have been changed before we bought it.
Does anyone know if I have any rights here?
Thanks...

 

[sandyclaus]

What is the name of your state (only U.S. law)? MA
We bought a Hundai Santa Fe from a dealership (not a Hyundai dealership, it was a trade in) a couple weeks ago. We found out there was a recall on it and brought it to a Hyundai dealership to have the recall taken care of, and while there asked them to do an 18 pt. check on it. They found that the timing belt, which is supposed to be changed at 60,000 hadn't been changed, and they highly recommended we have it changed since it has an interference motor and would cause big $ damage if it went (83,000 miles on vehicle now). We had them change it but after I thought about it ($350 later) and called the dealership we got Santa Fe from and asked if they would help us cover cost. He was rude and said "No, that's a maintenance issue." I said "I agree it's maintenance but it should have been changed 23,000 miles ago, which now makes it safety." I also told him he said the car was all set to go and the timing belt should have been changed before we bought it.
Does anyone know if I have any rights here?
Thanks...

You don't.

When you bought the vehicle, unless it came with a WRITTEN warranty or guarantee of fitness, you bought it "AS IS". The dealer is not responsible for performing that maintenance on the vehicle NOW since the vehicle had that maintenance issue BEFORE you bought it. You would have found that out if you had hired your own private mechanic to do a full inspection of the car before you bought it.

Obviously, the dealer will take care of safety recall issues because those are things that they MUST take care of by law. Other than that, once the vehicle was in your hands, all the maintenance issues become YOUR responsibility from that point forward.

 

[klpatrick]

That is untrue, here is part of the MA Lemon Law:

"The Used Vehicle Warranty Law protects consumers who buy used vehicles from a dealer or private party in Massachusetts. ( M.G.L. c. 90 §7N 1/4) The law requires dealers to provide consumers with a written warranty against defects that impair the vehicle's use or safety, and requires private parties to disclose any known use or safety defects.
The Used Vehicle Warranty Law provides you with protections and remedies, including mandatory repairs, refunds, or repurchases. It does not cover all vehicles or all defects, and not all problems will qualify your vehicle for repurchase.

Implied Warranty of Merchantability:
In addition to any express written warranties given by the dealer, you are also protected by an Implied Warranty of Merchantability. This implied warranty is automatic with every car sold by a dealer. The dealer warranties that the car is safe and in running condition for at least a reasonable period of time. Consider such factors as the price paid, the car's age, make, model and mileage to help you determine what problems the dealer should be required to fix.

You cannot waive the implied warranty of merchantability. This means that a dealer cannot sell cars "as is," "with all faults," or with a "50/50" warranty."

This being said, a timing belt is maintenance; however a timing belt that should have been replaced at 60,000 miles, which I was not aware of, becomes a possible safety issue if the belt goes, the car stops running (in traffic), and the cost of repairs is much higher.
Does anyone else have an idea if this falls under Mass. Lemon Law?
Thanks.

 

[sandyclaus]

That is untrue, here is part of the MA Lemon Law:

"The Used Vehicle Warranty Law protects consumers who buy used vehicles from a dealer or private party in Massachusetts. ( M.G.L. c. 90 §7N 1/4) The law requires dealers to provide consumers with a written warranty against defects that impair the vehicle's use or safety, and requires private parties to disclose any known use or safety defects.
The Used Vehicle Warranty Law provides you with protections and remedies, including mandatory repairs, refunds, or repurchases. It does not cover all vehicles or all defects, and not all problems will qualify your vehicle for repurchase.

Implied Warranty of Merchantability:
In addition to any express written warranties given by the dealer, you are also protected by an Implied Warranty of Merchantability. This implied warranty is automatic with every car sold by a dealer. The dealer warranties that the car is safe and in running condition for at least a reasonable period of time. Consider such factors as the price paid, the car's age, make, model and mileage to help you determine what problems the dealer should be required to fix.

You cannot waive the implied warranty of merchantability. This means that a dealer cannot sell cars "as is," "with all faults," or with a "50/50" warranty."

This being said, a timing belt is maintenance; however a timing belt that should have been replaced at 60,000 miles, which I was not aware of, becomes a possible safety issue if the belt goes, the car stops running (in traffic), and the cost of repairs is much higher.
Does anyone else have an idea if this falls under Mass. Lemon Law?
Thanks.

Seeing as the timing belt was a maintenance issue, the dealer was not required to perform said maintenance before they sold it.

The PREVIOUS owner failed to maintain their own vehicle. The timing belt was still intact and the vehicle was in running condition when you bought it. Just because the manufacturer recommends replacement at 60k miles doesn't mean that the car was unsafe by not having it changed at the 83k mark. For all anyone knew, that timing belt could have remained intact for another 20-30k miles, and it would have remained perfectly functional.

It's NOT something that falls under the Used Vehicle Warranty Law, and therefore NOT something you can force the dealership to pay for.

 

[klpatrick]

Thank you, unfortunate for me but I'm afraid that's the case.