MA lemon law help needed

[40Flipper]

Hey!

Well, I finally got burned. I've bought and sold probably 30 cars in my lifetime and this one did me in. I got screwed.

I bought a 1965 Mustang fastback to share with my father who has a long term illness. He had one as a kid and I was trying to start something I can pass down to my kid when he gets older. I bought it from a guy in South Carolina.

Mustangs are unibody cars so every piece of the car adds to the integrity of the vehicle as a whole. The entire underside is a disaster.

-The floors were replaced but weren't really welded in at all and the old floors are still underneath in some spots.
-The tranny bracket is being held on on one end by a sheet metal screw as there is a 1" gap between the end of the bracket and the frame rail.
- Every single part of the frame rails are dented, twisted, have rot holes in them or were replaced incorrectly....every inch of them
-Rocker panels are all bondo
-Bondo covering several holes on the frame
- Entire underside freshly covered in undercarriage paint/ coating to mask everything.
-These are just a fraction of the problems the underside has.

My mechanic told me to go over the railroad tracks near my house very slowly cuz he was worried the tranny would drop.

The guy sent many pics and stated that he has restored cars in the past and has a pic of a 1968 camaro that he re-did. He replaced the exhaust and shocks on this mustang within the last 4 months. He claims he knew of no problems underneath the car even though there is a huge rust hole in the frame rail 4 inches away from the RR shock he replaced. He also did some tranny work as noted in his ad listing so the claim he doesn't know about the screw is impossible to believe. The exhaust runs the entire length of the car so there is no way he didn't notice these glaring problems.

I paid $18K for it and it looks like an $18K car on the outside and in the pics. It really does look nice in person on the outside and I thought I was getting a great deal. I had many pics sent including the underside and none of the damage is in any of the pics.

I'm having 3 estimates professionally done by bodyshops and I'm having a lawyer send a letter with the estimate copies. The first estimate came back at a conservative $10K just for the framework. If it was only $2K in repairs I could prolly swallow that. $10K is stupid.

My goal is to have him take the car back and have him refund my $$$. I've even offered to eat the cost of shipping.

I'm guessing he will eventually take it back cuz flying to MA several times with a lawyer in tow is far more expensive than a car hauler. Even if I'm wrong on the laws, he'll have to appear in a MA court to refute the issue.

I know MA has very tough lemon laws. my mechanic has written and signed a letter stating that the car is unsafe and dangerous to drive.

Anyone a lawyer or has anyone dealt wih this bull****? Anyone familiar with the nuances of the MA Lemon Law?? Does this fall under MA law since I'm a resident?

This frustrates the hell out of me cuz anyone I've ever sold a car to has known everything up front. many MUD members have bought cars from me and have been happy and received accurate descriptions. I guess I'm naive that I would expect the same from others.

Help.

John

PS. Anyone wanna buy a 65 Mustang??

 

[74toyotafj]

Dont quote me but since the vehicle was for sale in south carolina and technically bought there. the laws down there are the ones that are going to be gone by.

 

[Wildman]

Dont quote me but since the vehicle was for sale in south carolina and technically bought there. the laws down there are the ones that are going to be gone by.

X2
bummer dude, that sucks, almost as bad if he was a thief.

If you do the 'lemon law' route be prepared to head down there for court also...probly two times. There has to be some law (if they have state insp down there) against selling a car that wont take a sticker, even if they dont have a formal lemon law.

 

[40Flipper]

The seller just emailed me back and is considering my situation. He's going to give me a final decision on friday. I've paid to have the brakes fixed and I told him I would eat the cost of that. I think he'll end up doing the right thing.

 

[Leaping Deer]

Good luck man. That really sucks. Thats a lot fo money and if people would just be honest about things. If he "Restores Vehciles" he should know thats not an $18,000 car.

 

[Spud]

Bill of sale? Does it say "as is"?

Situation sux, but I am not sure you have much recourse. As far as expecting the same honest behavior from others...you should know better, we all wish that were not the case, but alas it is reality.

Hopeing he does the right thing, good luck to you!

 

[40Flipper]

There was only a signed title and no bill of sale. They're getting back to me tomorrow at 5pm

 

[Otterav]

Hello,
Not a laywer, but the Lemon Law is not for you. Lemon Laws were enacted for "new" cars and warranty issues. Your case would be handled in Superior Court where the deal was consumated. You will need a laywer to to sue in Superior Court. If you really want the car and want a partial refund try Small Claims court. I have used it several times to great effect, won all for the entire amounts. Generally they are limited to 5K. But you can claim all costs associated with the suit. Usually the mere filing and service scares the crook into compliance.
Good luck
eric

 

[SouthBostonFJ40]

MA Small Claims Court limit is $2,000, SC is $7,500.

 

[JJS]

Jebus. The guy put bondo on the friggin frame?

 

[fogblanket]

you paid 18 grand for a mustang?

 

[beaufort-fj60]

fyi.... don't buy stuff from people in SC..

what town is the guy in? for a fee, I could rough him up.

 

[40Flipper]

Bondo on the frame with paint over it so it looked fine in the pics. I think if I file a suit here regardless of the amount, he'd have to take the car back. I'll make sure the legal fees make him miserable so he'll do the right thing up front. Meeting with a lawyer on Monday at noon. If I file up here and he's faced with traveling to MA with a lawyer plus flights, hotels and car rentals he'll see the $$$ on the wall.

Until I put the car on a lift I thought I got a great deal on it. All new quarters done all the way around, new paint, no leaks in the engine, it's a fastback (worth way more than a coupe), new interior, etc. Car looks awesome in my garage and it kills me every time I look at it.

Foggie- Yes I paid $18K for a mustang! I constantly have a cruiser in the yard that I'm flipping anyway so it's not like I won't have a Toyota at all times as well. The Blizzard should be here in a month....that should help with the legal fees.

 

[40Flipper]

Hello,
If you really want the car and want a partial refund try Small Claims court. I have used it several times to great effect, won all for the entire amounts. Generally they are limited to 5K. But you can claim all costs associated with the suit. Usually the mere filing and service scares the crook into compliance.
Good luck
eric

I definitely don't want to keep this colossal piece of s***. I'll snap some photos this weekend. It really is amazing that anyonce could do all the work to the body and not do anything underneath but cover it all up with paint.

If I'm gonna pay $10K to restore the underside of a vehicle, it'll be Jason's LV!

 

[JJS]

My FJ40 had some ghetto nerf bars welded on the frame. They were probably about 1/16" wall and the metal had the tensile strength of a beer can. I cut one of them off and there was a hole underneath. The opposite side was boxed in, so I couldn't see it. Unfortunately, that's the way some hacks "fix" frames. But I also didn't pay anywhere close to 18 grand.

 

[82cruiser]

Yikes John, sorry you have to deal with this donkey. Bondo on the frame...that's a first.

Nothing some swampers wouldn't fix.

 

[40Flipper]

The bondo and black paint was a blatant attempt to mislead me

 

[fogblanket]

well my lv is all new underneath so that would be not be wise spending that kind of money on that.

my brother bought a 66 fast back for 5 grand he drove it across country and it developed electrical issues and he sold it. if i din't have cruisers I would have mustangs. i hope it works for you.......

 

[40Flipper]

well my lv is all new underneath so that would be not be wise spending that kind of money on that.

my brother bought a 66 fast back for 5 grand he drove it across country and it developed electrical issues and he sold it. if i din't have cruisers I would have mustangs. i hope it works for you.......

$5K...that must have been a few years ago.....

Ironically the car came with a new wiring harness in a box. That was the only thing the seller said the car needed. I was looking forward to learning how to re-wire a car.

I meant that I'd spend that much before you fixed yours. $10K for any repairs is stupid (unless it's a cruiser)

Honestly, I bought this car as a sort of end0f-the-road bonding thing with my father. I'd rather have an old Dodge over the Mustang any day.

BTW, you guys should see how cheap parts are for Mustangs. They are a fraction of the price of cruisers.

 

[40Flipper]

I got a letter today from the seller's attorney. the seller has agreed to take back the car but he wants me to cover the cost of the master cylinder I had to replace since it had zero brakes when it arrived. He also wants me to ship it back to him at no cost and if he gets it inspected within 10 days and there are any problems, they will deduct it from the refund.

I've written a solid response and am meeting with a lawyer at noon on Monday. I have so many documents and statements from the seller on email and advertisements which state that there is nothing wrong with the car that I'm still 100% calm and relaxed. Things will work out.

Definitely cashing in on any good karma I've put out in the last few years.