Do I have any legal recourse if I bought a private sale lemon?
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Do I have any legal recourse if I bought a private sale lemon?
I have only driven 5,000 miles.
Asked on April 25, 2014 under General Practice, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Your state's lemon law only applies to vehicles which are new or are re-sold within 1 year or 15,000 miles. If your car is older or has more miles than that, the lemon law will not apply. Moreover, it applies to dealer sales, not private citizen sales; overall then, it is very unlikely that the lemon law applies or can help you.
That said, if you believe the problem both existed when you bought the car *and* that the seller knew (or would have had to have known) of it but still failed to dislose it, you may have a cause of action or claim against him for fraud. If you think that may be the case, you should consult with an attorney to explore your options, based on the specific facts of your situation.
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