I was ripped off and now have my back against the wall- by another Audi enthusiast
07-22-2008, 03:04 PM
#11
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I was with krolls and drove the car...
I am assuming that the kid knew the clutch was starting to slip and wanted to dump the car before having to drop the $$$ on a new one. He asked me if I knew how to drive standard and now that I think about it, the abuse of a rookie driver would probably highlight a slipping clutch.
His brother was also very adamant about riding in the car with us and the two of them seemed very tense about us taking it for a drive. As a result, I was very easy on the car. Very easy take offs, slow shifts, and I took it to 3500rpms maybe once. I am willing to bet that more aggressive, spirited driving also would have highlighted a slipping clutch -- it doesn't just work one day and not work at all the next.
I always expect little things here and there to be wrong with a used car, no matter what the seller says. Something like a clutch that costs upwards of $1,000, well... When that mysteriously fails 2 days later, that *looks* awfully deliberate.
Again -- not pointing fingers, this was our bad. Just frustrating.
His brother was also very adamant about riding in the car with us and the two of them seemed very tense about us taking it for a drive. As a result, I was very easy on the car. Very easy take offs, slow shifts, and I took it to 3500rpms maybe once. I am willing to bet that more aggressive, spirited driving also would have highlighted a slipping clutch -- it doesn't just work one day and not work at all the next.
I always expect little things here and there to be wrong with a used car, no matter what the seller says. Something like a clutch that costs upwards of $1,000, well... When that mysteriously fails 2 days later, that *looks* awfully deliberate.
Again -- not pointing fingers, this was our bad. Just frustrating.
07-22-2008, 04:18 PM
#13
AudiWorld Expert
Correct, first 30 days MA lemon law covers anything that impacts...
...use or safety of the vehicle. I would argue the clutch impacts the use of the vehicle. You do have recourse in MA...although now taht you've already sent it to a mechanic for repairs, you might not be able to have much leverage.
From the statute:
Chapter 90: Section 7N 1/4 - Express warranty by dealer of used motor vehicle; issuance; consumer's rights and remedies.
(8) A private seller shall clearly disclose to any prospective buyer, before the sale is completed, all defects the seller knows of which impair the used motor vehicle's safety or substantially impair its use. Failure to so disclose known defects shall entitle the buyer, within thirty days after the sale, to rescind the sale and be entitled to return of all monies paid to the seller less a reasonable amount for use as defined in clause (iv) of paragraph (A) subsection (3). In any subsequent action by a buyer under this section, if the court finds that the settlement offer was unreasonable in light of the circumstances or that the private seller has otherwise failed to comply with the requirements of this subsection, in addition to damages, it shall award the buyer reasonable attorneys' fees and costs; if the court finds that the buyer's action was frivolous or not in good faith, it shall award the seller reasonable attorneys' fees and costs. It shall be an affirmative defense in any such action that an alleged defect does not impair the vehicle's safety, or substantially impair its use, or that it is the result of the buyer's negligence, abuse, damage caused by accident, vandalism or attempt to modify the vehicle.<ul><li><a href="http://www.mass.gov/legis/laws/mgl/90-7n.25.htm">Link to the MA lemon law statute</a></li></ul>
From the statute:
Chapter 90: Section 7N 1/4 - Express warranty by dealer of used motor vehicle; issuance; consumer's rights and remedies.
(8) A private seller shall clearly disclose to any prospective buyer, before the sale is completed, all defects the seller knows of which impair the used motor vehicle's safety or substantially impair its use. Failure to so disclose known defects shall entitle the buyer, within thirty days after the sale, to rescind the sale and be entitled to return of all monies paid to the seller less a reasonable amount for use as defined in clause (iv) of paragraph (A) subsection (3). In any subsequent action by a buyer under this section, if the court finds that the settlement offer was unreasonable in light of the circumstances or that the private seller has otherwise failed to comply with the requirements of this subsection, in addition to damages, it shall award the buyer reasonable attorneys' fees and costs; if the court finds that the buyer's action was frivolous or not in good faith, it shall award the seller reasonable attorneys' fees and costs. It shall be an affirmative defense in any such action that an alleged defect does not impair the vehicle's safety, or substantially impair its use, or that it is the result of the buyer's negligence, abuse, damage caused by accident, vandalism or attempt to modify the vehicle.<ul><li><a href="http://www.mass.gov/legis/laws/mgl/90-7n.25.htm">Link to the MA lemon law statute</a></li></ul>
07-22-2008, 04:27 PM
#17
AudiWorld Expert
NH lemon law appears to only cov er dealer sales and manufacturer repair attempts...
...no private sale appears to be covered.
Sucks...sorry to see this. You should go to the boards that the seller posts and slam him big time!
Sucks...sorry to see this. You should go to the boards that the seller posts and slam him big time!
