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Massachusetts 93A statute of limitations

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Kgt44

New member
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?
 


LdiJ

Senior Member
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.
 

LdiJ

Senior Member
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

Senior Member, Non-Attorney
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.
 

LdiJ

Senior Member
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?
 

Zigner

Senior Member, Non-Attorney
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.
 

LdiJ

Senior Member
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.
 

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