Wht to do if my son bought a car from an ex-girlfriend but it didn’t pass the safety inspection and now she says it’s his problem?

My son received phone texts from seller stating she would pay for repairs for a car bought within a month. Mechanic stated that the car was a lemon and repairs would be extensive. Seller stated that it was after 14 days and now it was my son’s problem

Asked on July 1, 2012 under Business Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The issue is whether or not the ex-girlfriend knew, or reasonably should have known (that is, there's effectively no way she *couldn't* have known) of the problem. If she did know and failed to disclose it, she may have committed fraud and your son may have grounds to either rescind the transaction (return car, get money back) or else seek monetary compensation (such as cost to repair). However, if she did know of the problem and it was an "as is" sale, he probably does not have grounds to recover compensation or rescind.


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