used vehicle sale

[caddea]

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

I sold a car to someone in Massachusetts. 45 days after sale she contacted a.family member to say the engine blew and is trying to Sue me in mass. Small claims court. What are the laws regarding a maine vehicle sold to a mass resident? Which jurisdiction would it be under if she even had a.claim?
Thanks!

 

[Dave1952]

There's not enough information to decide jurisdiction. Where did the sale happen?

Good luck

 

[caddea]

lemon law

It had a maine title and plates. The car was in Massachusetts when sold as is, where is, no warranties or.guarantees, etc. To this day I still don't know what's wrong with the car.

 

[Mass_Shyster]

It had a maine title and plates. The car was in Massachusetts when sold as is, where is, no warranties or.guarantees, etc. To this day I still don't know what's wrong with the car.

Massachusetts does not permit sales of automobiles "as-is, where-is". Since the vehicle was in Massachusetts when it was sold, you are subject to a Massachusetts court's jurisdiction.

All automobiles sold in Mass are expected to pass the state inspection. When you show up at court, ask to see the state inspection report, dated within seven days of the purchase, showing the vehicle is unsafe or otherwise unable to pass inspection (emissions if 1996 or newer)

 

[swalsh411]

All automobiles sold in Mass are expected to pass the state inspection. When you show up at court, ask to see the state inspection report, dated within seven days of the purchase, showing the vehicle is unsafe or otherwise unable to pass inspection (emissions if 1996 or newer)

Are you saying that the buyer needs to show the vehicle didn't pass inspection in order to have any recourse against the seller? Isn't that backwards? Shouldn't the seller have to prove the vehicle did in fact pass inspection when it was sold?

 

[sandyclaus]

Are you saying that the buyer needs to show the vehicle didn't pass inspection in order to have any recourse against the seller? Isn't that backwards? Shouldn't the seller have to prove the vehicle did in fact pass inspection when it was sold?

I think Steve was kind of confused as to which one OP was, the buyer or the seller.

That being said, unless there was a blatant issue with the vehicle that would cause it not to pass inspection at the time of purchase, after 45 days, it may be hard to determine where the fault lies. I mean, WHY did the engine blow up? Did the new owner fail to maintain it? Did they do something to the vehicle that may have caused the damage? Can it be definitively determined that the source of the failure that caused the engine to blow began before the car changed hands?

Only once the specific reason for the failure is determined can one point the finger at the where the fault actually lies here. If there was a problem earlier, then one would have to ask why it was not brought to the attention of the seller much earlier? And last, but certainly not least... Did the vehicle actually pass a Mass inspection at the time of purchase?

 

[Mass_Shyster]

Are you saying that the buyer needs to show the vehicle didn't pass inspection in order to have any recourse against the seller? Isn't that backwards? Shouldn't the seller have to prove the vehicle did in fact pass inspection when it was sold?

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.