Under the Massachusetts lemon laws, you may be entitled to compensation for your used vehicle if it has at least one eligible defect that affects its use or safety. The car must have been purchased from a Massachusetts dealership and be used for personal or family purposes (i.e. Not primarily used for business). In Massachusetts, a dealership is defined as someone who sells more than 3 cars over a 12-month period, even if they do not have a valid used car dealership license. Due to some confusion that exists in everyone`s head, we will try to explain the implied warranty versus the express warranty. If you have confirmed that your vehicle qualifies under the Lemon Act and is still within the warranty period, the selling dealer must accept the vehicle within 3 business days of a telephone or written repair request. The selling dealer cannot refuse your repair request, but they can have another shop carry out the repairs on their behalf. Dealers essentially pass on the manufacturer`s express warranty to buyers and provide the services required under the warranty as representatives of the manufacturer. It is important to note that any promises or representations made by the merchant prior to the sale have been construed by the Illinois courts as express warranties enforceable (i.e. the car has been inspected for defects and is free of defects; that the car is in an intact condition (although it was actually in a pre-sale accident); that the car allows reliable transport for the duration of the warranty).

(Redmac, Inc. v. Computerland of Peoria (3rd Dist. 1986), 489 N.E. 2d 380; Stamm v. Wilder Travel Trailers (5th Dist. 1976), 358 N.E. 2d 382; Sass v. Spradlin (2nd Dist. 1978), 384 N.E.

2d 464; Capitol Equipment Ent. v. North Pier Terminal Co. (Ist Dist. 1969), 254 N.E. 2d 542). The Magnuson-Moss Warranty Act is a federal law that regulates warranties for consumer products. The law requires companies to decide whether or not to guarantee their products in writing. Once the company offers a written guarantee, it must comply with the law. There are FTC rules under the law.

The law and rules set out three basic requirements that apply to a guarantor or seller: Three states – Louisiana, New Hampshire and Washington – require disclosures other than those in the Buyer`s Guide. If the dealer does not provide the appropriate information, the sale is not “as is”. To find out what disclosures are required for “as is” sales in your state, contact your attorney general. IMPLIED WARRANTY: Warranty not expressly given in writing or orally. An implied warranty arises (unless otherwise noted in writing) at the time of sale of all goods. Example of implied warranty: The goods are presumed to be commercially available. Dealers are not legally obliged to grant used car buyers a three-day right of withdrawal. The right to return the car within a few days for a refund only exists if the dealer grants this privilege to the buyer. Merchants can describe the right of withdrawal as a “cooling-off period”, a money-back guarantee or a right of return “without question”.

Before buying from a retailer, ask for the merchant`s return policy, get them in writing and read them carefully. Get all promises about service and warranties in writing in the contract and in the final copy of the buyer`s manual. If you have been promised something but it is not in writing, do not sign. If the seller offers a warranty, it must be in writing for it to be valid. When you buy a used car from a dealership, you will receive the original buying guide displayed in the vehicle or a copy. The guide should reflect any negotiated changes to warranty coverage. It is also part of your purchase agreement and prevails over any provision to the contrary. For example, if the buyer`s guide states that the car comes with a warranty and the contract says the car will be sold “as is,” the dealer must give you the warranty described in the guide.

Used cars also have another implied warranty under state law RCW 62A.2-315, called the fitness for a particular purpose guarantee. This provides that if the seller knows that the vehicle is being used for specific purposes, such as driving or towing a trailer, and the buyer relies on the seller`s expertise to provide a suitable vehicle, a guarantee is created that the item is actually suitable for that purpose. Even if a demonstrator in Illinois is not a “used” car because it was not placed in a “bona fide consumer use” prior to sale, the FTC rule applies to a demonstrator or other vehicle that has been driven more than the limited distance required to take it to the new dealership or test it before delivery to the customer, as a “used” car and must be equipped with a sticker. However, the rule still allows window stickers to be removed if the car is not “available” for sale to consumer buyers. (However, the MSRP sticker cannot be removed by the selling reseller). As stated in a publication from ftC staff, there are also specific requirements if the manufacturer charges a transfer fee so that the buyer can get coverage under the new car warranty.