Massachusetts 93A statute of limitations

[not2cleverRed]

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

Nor is that the function of this forum.

My understanding of OP's initial post is that they were of the impression that the buyer should not have been allowed to file. They weren't asking "What should we do? How should we respond". Rather, they were affronted that something was filed, and thought that the man should have been magically blocked from filing.

Since obviously he did file, that is a nonissue. As Zig pointed out in post #6, a party can file a suit, even if they have no grounds.

The issue you have tried to point out is that they have to respond, they are shooting themselves in the foot if they don't; they are focusing on the wrong thing(s).

If they can't search "Responding to a 93A Demand Letter in Massachusetts" then their needs are beyond the scope of this forum.

 

[quincy]

Whether a statute of limitations defense can be used to dismiss the suit really depends on all that is being claimed by the car purchaser.

A claim filed under the Consumer Protection law must be filed within 4 years. With a June 2015 car purchase, therefore, a claim could have been filed in May 2019 and could be filed up until the day before the June date of purchase without running into a statute of limitations defense.

Here is a link to Massachusetts Lemon Law:
https://www.mass.gov/topics/lemon-laws

 

[NeilTheCop]

Odd that you own a used car business and you don't know about the lemon laws in your state.
I may be reading it wrong but it seems that the lemon law has a maximum time limit of 90 days to make a claim if the car has less than 40,000 miles on the odometer.
https://www.mass.gov/guides/guide-to-used-vehicle-warranty-law

 

[quincy]

Odd that you own a used car business and you don't know about the lemon laws in your state.
I may be reading it wrong but it seems that the lemon law has a maximum time limit of 90 days to make a claim if the car has less than 40,000 miles on the odometer.
https://www.mass.gov/guides/guide-to-used-vehicle-warranty-law

This is not a lemon law claim but an action filed under the Massachusetts Consumer Protection law (93a).

There is a 4 year statute of limitations. Here is a link to the limitations under the law:
https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section5A

 

[Ohiogal]

QUincy when you going to law school

 

[quincy]

QUincy when you going to law school

Aren't lawyers ranked lowest (or close to lowest) in surveys of most trusted professionals? I think I want to be a nurse.

 

[quincy]

Sorry. Not my fault. Blame the Gallup poll. Haha.

And, actually, lawyers rank above members of Congress - so it could be worse.

https://news.gallup.com/poll/245597/nurses-again-outpace-professions-honesty-ethics.aspx

 

[NeilTheCop]

Aren't lawyers ranked lowest (or close to lowest) in surveys of most trusted professionals? I think I want to be a nurse.

"The real reason that we can’t have the Ten Commandments in a courthouse:
You cannot post “Thou shalt not steal,” “Thou shalt not commit adultery,” and “Thou shalt not lie” in a building full of lawyers, judges, and politicians. It creates a hostile work environment."
The late, great George Carlin

 

[quincy]

It is interesting to see how far our country has come (or perhaps how low it has sunk ) since the days of George Carlin (and the Smothers Brothers).

 

[bcr229]

Wow, I haven't even thought about the Smothers Brothers in forever. Off to Youtube..

 

[quincy]

Wow, I haven't even thought about the Smothers Brothers in forever. Off to Youtube..

Haha. Their political humor was so controversial at the time and now it seems so benign. Same with George Carlin.