The best way is to properly fill out the “Assignment of Title,” which is found on the back of the vehicle’s “Certificate of Title. Anyone who buys a car with an open title is also at risk of having problems registering the car, and it is often difficult to track down either the title skipper or the original seller if the car has problems. The original seller is also at risk for penalties and fines. If someone is selling a car with an open title, they avoid paying sales tax, registration fees, and title fees, and they never put their name or information on the car’s documents, leaving the original seller fully liable for the car. Leaving the title open is illegal, and is known as title jumping or title skipping. Registration fees are included in Lemon Law buybacks from dealers, but private sellers are only legally required to return the money you paid to them. If you have taken the steps to void or rescind a private sale, contact the Registry of Motor Vehicles to see if you may be eligible for a refund of registration charges or other fees.Īll vehicles must have a certificate of title issued by the Registry of Motor Vehicles (RMV) and must be properly endorsed at the time of sale.Įach buyer of a vehicle is required by law to properly fill out the vehicle’s title. Sales tax is not included in Lemon Law buybacks or sales cancellations of used cars. If you paid sales tax and registration fees If the seller refuses to accept the title, then send it by certified mail and retain a copy for your records. When you receive the title, you should assign and transfer it back to the seller. Explain that you are returning the vehicle to the seller under the Lemon Law and that you are requesting that a certificate of title be issued to you as soon as possible. You should seek legal advice for all claims.Ĭontact the Registry of Motor Vehicles Title Division. Check with your local courthouse to see what services may be available to youįor claims under $7,000, small claims court may be the least costly alternative. Larger claims may be more suitable to District or Superior Court. Mediation is an inexpensive and informal way to resolve your dispute without hiring an attorney and going to court. Some courts offer mediation services. Lemon Law arbitration is not available for private party sales. If a private party seller refuses to cancel the contract within 30 days of the sale, consult with an attorney to determine your best course of action. Find for tips and resources to find lawyers. The seller must refund the amount you paid for the vehicle, less 15 cents per mile of use. If a private party seller refuses to cancel the contract within 30 days of the sale, you should consult with an attorney to determine whether to pursue the matter in court. If you discover a defect that impairs the vehicle’s safety or substantially impairs its use and you can prove that the seller knew about the defect but failed to disclose it, you may rescind the contract (cancel the sale) within 30 days of the date of your purchase. Private party sellers are not required to repair the vehicle after it has been sold. The Massachusetts Lemon Laws require private parties selling used cars to inform buyers about all known defects which impair the safety or substantially impair the use of the vehicle. The law applies to all private party sales regardless of the price or mileage. Under Massachusetts law, anyone who sells more than three cars in a one-year period is considered a dealer and must obtain a used car dealer license from their municipality. A private seller is any person who is not a dealer who sells or offers to sell a used motor vehicle to a consumer.
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