Massachusetts 93A statute of limitations

[Kgt44]

Did the statute of limitations run out yet or can this man pursue litigation against my business?

My husband and I live in new York and own a business in Massachusetts selling new and used cars. We received a 93a demand from a man that purchased these vehicles from us on June 31, 2015. Isn't the man not allowed to file this against us because of statute of limitations expired? If they haven't expired for consumer protection when toll they?

 

[xylene]

What is he claiming?

 

[LdiJ]

And how many vehicles did he buy, and did he buy them outright or on payments? You will get a more valid answer if you provide the backstory.

 

[Kgt44]

Defective car claiming the lemon law. He purchased one car. He bought it outright

 

[LdiJ]

Defective car claiming the lemon law. He purchased one car. He bought it outright

He has owned and used it for almost 4 years. Was it a used car or a new car? If it was a used car I think he is crazy.

 

[Zigner]

Did the statute of limitations run out yet or can this man pursue litigation against my business?

My husband and I live in new York and own a business in Massachusetts selling new and used cars. We received a 93a demand from a man that purchased these vehicles from us on June 31, 2015. Isn't the man not allowed to file this against us because of statute of limitations expired? If they haven't expired for consumer protection when toll they?

To answer your question: The statute of limitations is an affirmative defense. It doesn't prevent a suit being filed, rather, it allows you to argue that too much time has passed since the alleged act occurred.

 

[Mass_Shyster]

If he prevails on his claim under 93A, failure to respond to the demand letter may subject you to treble (triple) damages.

 

[LdiJ]

If he prevails on his claim under 93A, failure to respond to the demand letter may subject you to treble (triple) damages.

What should she respond based on the circumstances she has described? I don't understand what it means to respond to a 93A demand and the OP may not understand either. Would it be like responding to ordinary demand letter?

 

[Ohiogal]

What should she respond based on the circumstances she has described?

Why are you disputing a Massachusetts attorney?

 

[Zigner]

What should she respond based on the circumstances she has described? I don't understand what it means to respond to a 93A demand and the OP may not understand either. Would it be like responding to ordinary demand letter?

If the OP doesn't understand, then the OP needs to hire an attorney who specializes in these matters. Heck, even if the OP DOES understand, it would be smart to get an attorney on board.

 

[quincy]

Here is a link:
https://www.mass.gov/service-details/30-day-demand-letter
The demand needs a response within 30 days.

93a is the Massachusetts' consumer protection law.

 

[LdiJ]

If the OP doesn't understand, then the OP needs to hire an attorney who specializes in these matters. Heck, even if the OP DOES understand, it would be smart to get an attorney on board.

I don't disagree at all, I just hoped for a little more information so that the OP would have some general idea of what was needed.

 

[quincy]

The information is not that hard to find with a simple online search.

Here is a link to more information on the Consumer Protection law:
https://www.mass.gov/service-details/the-massachusetts-consumer-protection-law

 

[Mass_Shyster]

What should she respond based on the circumstances she has described? I don't understand what it means to respond to a 93A demand and the OP may not understand either. Would it be like responding to ordinary demand letter?

There is not nearly enough information to guess what the response should be.