Do I qualify for compensation for repairs?

UPDATED: Oct 2, 2022

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Do I qualify for compensation for repairs?

Purchased a used vehicle from CT w/ 30 day
warranty on transmission and engine only. Dealer
promised ALL safety features would be repaired
upon sale. Well day of sale when he was showing
me car I noticed I couldnt open the hood. He said it
just needed some WD40 and pulled it open very
harshly. I not knowing much about vehicles figured
that was a common problem and drove off. Day 8 of
driving and my first time taking the highway my hood
flies up and shatters my windshield while in the fast
lane. Mechanic nearby said all the safety features in
the hood failed because of how rotted they were. I
tried to reach out to dealer and he wont respond to
calls or texts no matter.

Asked on October 13, 2019 under Accident Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends on whether the evidence and circumstances show that the seller was aware, or logically must have been aware, of the problem. A seller is only liable for issues of which he/she/it was aware but failed to correct or disclose. If the seller knew the safety features were rotted, then the seller would be liable, and you could sue for reimbursement if they will not pay voluntarily. On the other hand, if they did not know (or as a practical matter, as the person suing, you could not show that they knew), they would not be liable, since you are not responsible for things of which you are not aware.

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 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.

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