Can I return a defective scooter?

It’s engine shut down while driving after 2 days of purchase. I called the dealer and they replaced the part. I picked it up and it happened again. I wanted to return it but they denied me nd instead replaced another part. I picked it up again and its engine died. What should I do to return the scooter? They said that they don’t have a return policy but they sold me defective scooter and could not fix problems.

Asked on September 16, 2012 under General Practice, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, your state's Lemon Law does not apply to scooters. If neither the dealer nor the manufacturer gave you a written warranty, then you are restricted to seeking redress under the implied warranty of merchantability--the obligation to only sell products fit for their purpose. IF the defect existed when you were sold  the scooter, you could seek a replacement or refund; of course, if they will not voluntarily do this, you'd have to sue them to force them to, so you would need to factor the cost and effort of doing so into deciding whether it's worth taking action. If the problem developed after you bought the scooter (e.g. you cracked something in the engine while going over a pothole; a gas station sold you adulterated gas which is causing the problem; etc.), then you would not have any recourse against dealer or manufacturer.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.