Which State's Law Applies?

[parquet]

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

I bought a used car that turned out to be a lemon. The transaction took place in State A, the car was registered in State B, and the car was subsequently registered in Massachusetts where I am a resident.

Under Massachusetts' lemon law I am covered, whereas I am not in the two other states. Would MA law apply in this case? Thanks in advance!

Edit: This was a private party sale if that matters.

 

[Zigner]

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

I bought a used car that turned out to be a lemon. The transaction took place in State A, the car was registered in State B, and the car was subsequently registered in Massachusetts where I am a resident.

Under Massachusetts' lemon law I am covered, whereas I am not in the two other states. Would MA law apply in this case? Thanks in advance!

Edit: This was a private party sale if that matters.

State A's laws apply.

 

[justalayman]

You cannot force a Mass law on a business that does not have a presence in Mass.

 

[Zigner]

You cannot force a Mass law on a business that does not have a presence in Mass.

True -
Not relevant in this instance...but true

 

[parquet]

Which state offers the best protection for consumers in regarding to the lemon law? - Yahoo! Answers

The link above says that I would also have recourse in the state in which I live. Is this incorrect? Thanks.

 

[Zigner]

Which state offers the best protection for consumers in regarding to the lemon law? - Yahoo! Answers

The link above says that I would also have recourse in the state in which I live. Is this incorrect? Thanks.

Yes, it's incorrect. You would need to sue in the jurisdiction where the sale occurred.

ETA: By coincidence, this is ALSO the jurisdiction where, presumably, the seller lives

 

[justalayman]

parquet Which state offers the best protection for consumers in regarding to the lemon law? - Yahoo! Answers

The link above says that I would also have recourse in the state in which I live. Is this incorrect? Thanks.

To start with, your state doesn't have personal jurisdiction over the seller. They also do not have matter jurisdiction because the transaction took place in another state. This was not an interstate sale so you cannot invoke some long arm statute either. The laws of the state where you made the deal are what are going to apply.

 

[parquet]

Guess I'm **** out of luck then. $1000 repair on a $1400 purchase made 4 days ago.

 

[Mass_Shyster]

How did you find out this car was for sale?

 

[parquet]

Seller is an acquaintance.

 

[parquet]

Hi Stevef,

Quoting your reply in another thread,

In Massachusetts, the buyer must have the vehicle inspected within seven days. It doesn't matter if the seller had it inspected the day before the sale, the buyer must still get it inspected.

If the vehicle does not pass inspection, the buyer can demand the seller fix it so it passes.

Does this apply in my case too?

-parquet

 

[Mass_Shyster]

Hi Stevef,

Quoting your reply in another thread,



Does this apply in my case too?

-parquet

No.

In Mass, you cannot sell a car "as-is", and any car sold must pass inspection. Since you went out of state to purchase your car, the Mass laws don't apply.

 

[sandyclaus]

In case you haven't already figured this out, because the car wasn't purchased in Mass, their laws do not apply here.

Depending on what state the vehicle WAS purchased in, you could POSSIBLY have recourse if there is a fitness test required to register the vehicle. Otherwise, yes, you are out the money for repairing your brand new used vehicle.

So, by the way, how come your private mechanic did not catch the issues with the vehicle before you bought it? For the most part, AS-IS car sales are just that - you buy the car AS-IS with no warranty, unless a written guarantee of some sort is provided with the vehicle.

The best way to protect yourself from having to put money into unplanned repairs on your recently purchased used car is to ensure that you know what condition the vehicle is in the first place. And the only way to do that is to have a mechanic check it out first. And when you don't, then you have no one to blame for having to pay for those repairs. And no recourse against the seller for selling the car to you in the first place.

 

[parquet]

Okay so I'm at a mechanic right now, and they have informed me that this car has illegal compression fittings (illegal in NY too) on the brake lines. Can selling an illegal product be reason for dispute? The sale was conducted in NY.

 

[Zigner]

Okay so I'm at a mechanic right now, and they have informed me that this car has illegal compression fittings (illegal in NY too) on the brake lines. Can selling an illegal product be reason for dispute? The sale was conducted in NY.

Just get your car fixed and move on.