Sold my Celica-Lemon Law Aid Help
 

I live in massachusetts. *long read ahead*

I purchased my 2014 BRZ in May and sold my 2000 celica GT privately to another MA resident on JUNE 22nd. Two days prior to selling my car, I had my mechanic fix some problems that could prevent it from achieving an inspection sticker (cat converter, brakes, tires, Muffler patch). During our sale, I mentioned I recently had patch work done on exhaust/muffler and he did mention it seemed a little loud, but said nothing further.


Today, July 10th, the buyer contacted me via voice mail saying that today (july 10th) he took it to get it registered and inspected and it failed inspection do to an exhaust leak. I haven't spoke with him directly yet, he asked me to call him tomorrow. He did wait 18 days to get it registered/inspected.

The law, according to Mass.gov, states:

"Lemon Aid Law

The Massachusetts Lemon Aid Law allows you to void or cancel a motor vehicle contract or sale if your vehicle fails to pass inspection within seven days from the date of sale AND if the estimated costs of repairs of emissions or safety related defects exceed 10% of the purchase price. ( M.G.L. c. 90 §7N) This law applies to both dealer and private party sales of cars and motorcycles purchased for personal or family use. Dealers must display your Lemon Aid rights by putting a sticker on the left front window of each used car at the time of delivery.

Vehicle Inspection And Registration Requirements

By law, sellers of used vehicles must remove inspection stickers prior to transferring the vehicle to the new owner. Motor vehicle inspection stickers are not transferable to a new owner. When you buy a used car, you must bring the car to a licensed Massachusetts Inspection Station within seven days of registering it. In order to be protected by the Lemon Aid Law, however, you will need to have it inspected within seven days of purchase. For your own protection, do not allow the dealer to do the inspection for you."



According to this, I am not liable to fix any repairs since he did not come forth within 7 days of the purchase date. Are there any loop holes he can pull against me? I'm not trying to screw him over, I would have negotiated with him had he got it registered and inspected the week he purchased it.

Any input is appreciated.

He didn't have it tested within seven days, which is what the law states. Plus, he bought a 14 year old vehicle. Was he expecting it to be perfect?

Tell him it was sold as is, with no warranty expressed or implied. Money changed hands, title changed hands, he doesn't meet the criteria for the lemon law. It's his car, his problem.

If I bought some shoes from the store with a 30 day return policy, and I waited 45 days to try and return them, should they be obligated to take my shoes back?

that's what I'm thinking.


I think I should be all set. During our interactions, he has seemed kind of snobby/pushy/assertive....I'll just have to deal with that when I read him the law.

Don't return his call. Sale was over after the 7 days.

Did you tell him warranty is provided ? If not, than there is no warranty and it is sold as is. Exhaust leak is not expensive to fix, I just fixed my wrx 2 days ago before I sold it, it was $100. If you want to be fair and end the drama, maybe you can offer paying 1/2

Does the shop that performed the exhaust "work" have any kind of warranty? My advice would tell him to take it to that shop to get the exhaust fixed. You definitely aren't liable to do anything, but I would still help the guy out as that is the kind of person I am.

You're off the hook for sure.

You should help him with 1/2 just so he doesn't try to find loop holes

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No warranty or anything.

The shop I use, my dad has known the owner for like 30 years, he didn't charge for the patchwork, but he wouldn't replace the muffler for free.

If he had called me much earlier, I would have been definitely inclined to help him but it's been way passed the grace period, so I don't feel like I should be even obligated to help him out.

You aren't obligated to help him at all. If you choose to help, that's entirely your choice. If you choose to tell him to pound sand, that works too.

Called him back.

He somewhat argued the law a bit and claimed it was 30 days, but the 30 days applies to repairs needed for safety issues.

"Private Party Sales:
In addition to the Lemon Aid Law requirements, a private party who sells a consumer a used vehicle must tell the buyer about any known use or safety defects. If the buyer discovers a defect which impairs the safety or substantially impairs the use of the vehicle, and can prove the seller knew about it, then the buyer can return the vehicle within 30 days of purchase. Private parties are bound by this law, regardless of the age or selling price of the vehicle"

He wasn't looking for a full repair offering, he said maybe "$100," but he hadn't got a quote yet from his mechanic. He tried to put me on a guilt trip saying that I seemed like an honest guy and that we were pretty much neighbors (neighboring town, same school system, 20 minutes away from each other).

He's going to email/text/call me the quote and he said if I wanted to help out or "have a heart," to chip in.

Ultimately, I'm undecided. I have absolutely zero obligation but if I'm feeling any sympathy, I might toss $50 to make him leave me alone.

Giving him anything could be considered as an admission of obligation. Be careful. Nice guys finish last unfortunately.

Exhaust leak?! Psh, so incredibly minor and expected on a car that old. Not your problem, would not give him any money.