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Help ASAP! Unsure if any laws protect me

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ajia

Guest
What is the name of your state? Massachusetts.

On Nov 20th I bought a car from a dealership, 92 Ford Explorer with 175,000 miles on it. Payed 1,500. When I stopped at the lot originally I was looking at a truck. After a test drive I thought it was no good. I spoke with the dealer and he asked what I was looking for. I told them I am planning to drive to Florida with a 23' boat I bought and so I needed something that could tow but the truck was no good. He mentioned one of the Explorers on the lot, telling me that should do the job just fine. I took it for a test drive and it seemed fine, so I decided to go with it.

The day after I bought the car, the brake line busted. Since I was leaving in a few days, rather than contacting them, I fixed it myself and bought new brake lines. Thank god for AAA for the tow. I left for FLA on Sat and 400 miles later my transmission starts acting up on I-95. I pull on the off ramp to some town and the car basically is done. I get out and fluid from the transmission is being poured everywhere. Since then I have been staying in a motel and talked to a transmission guy in Maryland (where I'm stuck) who says the whole transmission is gone and it will cost 1200. I am going to call the dealership tommorow about this but I am confused if I even have any coverage.

Windows sign stated Limited Warranty, but I never received a copy so I am not sure what it entails. As far as my understanding goes, Mass. Lemon Law only covers a vehicle if it is over $600 and under 120,000 miles. Does any one know if I am just **** out of luck or does somehow an "Implied Warranty of Merchantibility" cover this? The dealership implied this vehicle would perform as such and since the car has failed and I haven't even owned it two weeks. I just don't want to call and think I know what I am talking about to hear him say "Screw you".

Please contact me at [email protected] ASAP if you have any information for me????? THANKS ahead of time
 


JETX

Senior Member
You are "just **** out of luck".

You bought an 11 year old vehicle with 175K miles!!! Of course the lemon laws do NOT apply to your purchase.

In Massachusetts, the 'Used Vehicle Warrantly Law' would be the applicable statute in your case. However, that law ONLY applies IF the vehicle is:
* sold by a Massachusetts dealer or private party,
* cost at least $700 (dealer sales only),
* have fewer than 125,000 miles on the odometer when sold (dealer sales only).

Clearly, the mileage on your purchase excludes its coverage.

For more, go to:
http://www.state.ma.us/consumer/Pubs/usedcar.htm
 
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ajia

Guest
Thanks for your response, I figured MA Law was no good. But does the IMPLIED warranties hold up at all? Either of Merchantibility or Fitness? Since the dealer did say it would be a good choice for towing?
 

JETX

Senior Member
"But does the IMPLIED warranties hold up at all?"
*** No. An implied warranty is an ASSUMPTION that the product will work and is useable as normally expected. There is nothing to show that a normal person should EXPECT that a 10 year old vehicle with 175K miles on it would be suitable to tow a 23' boat from Mass to Florida. You had an obligation to have the vehicle inspected by a qualified mechanic prior to the purchase. You failed in that obligation and have now suffered the consequences.

The brake line breaking and the transmission failure are simply 'not unexpected' happenings given the age and mileage of the vehicle.
 
A

ajia

Guest
Yeah I know it wasn't a smart choice. I just read on this forum about the Warranty of Fitness and it said :
A warranty of fitness for a particular purpose applies when you buy a vehicle based on the dealer’s advice that it is suitable for a particular use. For example, a dealer who suggests you buy a specific vehicle for hauling a trailer in effect is promising that the vehicle will be suitable for that purpose.

I didn't know if I had any say in it at all. Apparently the dealer is denying that he knew I would be traveling to FLA with it even though I have a witness. Oh well....Damn
 

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