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


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.

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.