Less than a week ago I bought an used car. The dealer told me to go ahead and bring it to my mechanic which I did. My mechanic said that an O2 sensor was defunct and that the clutch was sticky because of a plate in the transmission. I brought it back to them and they are having their mechanic look at it. I anticipate an argument. Am I entitled to have these items fixed?
How do you buy the car? conditional upon your mechanic looking at it? and then you come back to them with whats wrong? expecting them to fix it?
or did you buy it AS IS? If you brought it this way; they dont have any reason to fix the car since you should have had it checked before you brought it. You might have some recourse as you brought it from a dealer but that depends on your state laws and whats wrong with the car. ie Could it have been sold by a dealer with what you found is wrong with the car? (emissions is a case in point)
It seems a bit out of the normal order of events to me. Usually, you want to have it inspected PRIOR to purchase. Now, you’re bound by the sales contract and any laws for used vehicle sales in your state.
Most likely, if they fix anything, it will be done as customer goodwill and not bound by any legal or contractural obligations. But, there are some states that have consumer protection laws for used car sales and they typically cover safety related defects.
he said he didn’t have the plates to allow me to bring it to my mechanic ahead of time. he also said he had a mechanic look at it. then said to take it to my guy. the statute in mass says things that “impair use or safety”
A dealer who doesnt have plates to allow you to drive the car? Does he not expect you to take it for a test drive? Sounds fishy to us and we wouldnt have brought the car in the first place.
Is there a warranty?? If so have them fix it under warranty.
Also…was the Check-engine light on?? That usually comes on when you have a bad O2.
Look at the copies of your paperwork. If you signed an “AS IS” disclaimer then the dealer is under no obligation to repair anything for you free.
No Check Engine Light or sticky clutch during a test drive, huh?
the check engine hasn’t come on yet for the O2. My mechanic gave me a possible explanation for that but he did a diagnostic. the clutch had a slight stick in it which i mentioned to him. he suggested it might just be old but then i didn’t pursue it any further since he said take it to a dealer.
it’s my understanding taht in massachusetts they can’t sell a car with an ‘as is’??
for a test drive yes but not to borrow for the few hours it would have taken
there is a 60 day warranty and it covers “defects that impair the use or safety” which is a little nebulous
MA has one of the strongest consumer protection laws for used car sales.
A defective O2 sensor will fail the state emissions and safety inspection.
The sticky clutch could easily be argued as a safety related concern and they should also address that.
You have to pass an emissions and safety test within 7 days of transferring ownership. Don’t let the selling dealer do this for you for obvious reasons.
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 percent of the purchase price, you may be entitled to relief under provisions of the Massachusetts Lemon Aid Law.
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.
If they don’t have plates to take it to the mechanic ahead of time RUN!!!
I think your in for a battle seriously. However just ask and mention MA state laws if your there. You may dump this car back on them with a refund. Good luck.