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Help!! Help!! Help!!!!!!!!

Discussion in 'Truck & Equipment Repair' started by Sharpshooter77, Mar 4, 2007.

  1. Sharpshooter77

    Sharpshooter77 Senior Member
    Messages: 162

    Well as most you know here I have been looking for a new to me truck to buy. Well yesterday I went and picked-up my 1995 F-350 4x4, for the sum of 3,000 dollars. I live in somerville, Ma and I picked the truck up in Natick, Ma. I was just getting on to route 2 on my way back home and the trans started to squel when shifting thru the 1st and 2nd and 3rd gears. And then It was banging in to gear 1st and 2nd. The noise is unbearable and it sounds like you drop a 50 pound weight on your dogs tail. it would not down shift back to 1st it would stay in 2nd and shift to 3rd. Right when the trans started acting up I called the guy that I bought it from. By that time I was almost home and the guy said bring it to your mechanic. But I did one better I brought it to a transmission expert that is a great friend of my family. He drove the truck and knew everything that was wrong with it just by driving it. And while I was driving home all of the gears were slipping very badly like the tranny had no pressure which it probly didn't. So my trans guy said that he will take care of me and can do the job for 1,000. Which anywere else would want more. And this guy is the best to he fixed my mothers 1976 Camoro in my drive way when it was pouring rain. So I was talking with the guy that I bought the truck from and he said that he does not want to take the truck back and when I tell him he has to he say that he wont. Lemon Law was the first thing that popped in to my mind, were can i report this so its offical and that it documented that I did report it in the time frame that is allowed. I really need HELP guys on what to do. I want my money back but how do I go about getting it back, other than running the JERK over with the truck and taking the money from him at this point I just might do that He also that he doesn't want to take the whole cost of a new trans. And there is no way In HELL that I am paying for it, even more so when the truck had no signs of trans problems untill I drove it home.. I thank you all in advanced for your HELP. THANKS
  2. ltlm

    ltlm Member
    Messages: 64

    the lemon law is really only for new or new used leased vehicle. You also must show prove of same problem 3 or more times. What you bought was a used vehicle over ten years old so you get no lemon law. It falls under buyer beware and learn. if he said or wrote buy as is or sold as is theres not much you can do you own the problem. sure you could try to take to court but that will cost some more and you could lose.
  3. Sydenstricker Landscaping

    Sydenstricker Landscaping PlowSite Veteran
    Messages: 3,882

    I am not sure about the lemon laws in your state, but I think it only applies to vehicles 10 years old or newer. Did he sell it in as-is condition?? Was there a bill of sale?? IF he did not sell it in "as-is" condition, you may be able to take him to court. But in the end you may spend more in court and attorney's fees then it would to fix the tranny. 3000 grand is not that bad for the truck. New rebuilt trans and you got 4,000 into the truck. Still, not bad. If anything, fix it up, and sell it. You can probably get more out of it and make your money back plus some. I know a good 95 F350 4x4 here goes anywhere from 6 grand to about 10,000 or so. I paid 8500 for my 95 F250 4X4 with 53,000 miles on it. Or fix it, cut your losses and drive it until the wheels fall off. Somebody else on here may have more input on your state's laws.
  4. ltlm

    ltlm Member
    Messages: 64

    Another thing you continued to drive this vehicle. plus drove to repair shop and tech drove it then you drove it home. all this doing more damage if drove truck with bad torque or pump failure for 50 miles or more trans junk.so this will be your learning experience to really check everything over before you buy.
  5. ltlm

    ltlm Member
    Messages: 64



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    Sunday, March 4, 2007

    Driving a Lemon in Massachusetts?
    Call 1-800 LEMON LAW Today!
    Have Questions? Click here for answers to frequently asked questions regarding the Massachusetts Lemon Law

    Read the Massachusetts Lemon Law Statute

    The Massachusetts Lemon Law applies to any new car, truck or motorcycle purchased or leased for personal or family purposes from a new-car dealer in the State. The law protects consumers whose vehicles suffer a significant defect in the first 15,000 miles or 1 year, whichever comes first, and cannot be fixed despite three or more repair attempts. The MA Lemon Law also protects consumers whose vehicles are in the shop 15 or more business days (Monday-Friday) within the first year. These days do not have to be consecutive.

    The maximum remedy under the Massachusetts Lemon Law is a repurchase of the vehicle, including taxes, tags and finance charge, minus a small mileage offset. Other remedies include partial refunds and continued ownership of the vehicle and/or extended manufacturer warranty protection. The remedy is based upon the severity of the situation.

    Call 1-800 LEMON LAW for more information about the MA Lemon Law Today!
    Best of all, there are state and federal statutes which provide a fee shifting provision which means that if the consumer prevails, the non-complying manufacturer will be responsible for all attorneys fees and legal costs on top of what the consumer receives. Kimmel & Silverman provides 100% cost-free legal representation. Win or lose, our clients never pay a penny out of their pocket. The firm has provided cost-free legal help to more than 30,000 consumers, recovering over $125 million for its clients.

    It's important to note that even if your car falls outside of the limitations established by the Massachusetts Lemon Law, there are still Federal breach of warranty laws which apply. If your car has an original or extended manufacturer's warranty and has a problem that can't be fixed after three repair attempts, chances are we can help you.

    The Lemon Law and Federal Warranty Laws can be confusing and are open to numerous interpretations if you don't understand how it works. If you are driving a defective vehicle and you want to find out if you are entitled to cost-free legal help, feel free to submit a question online, or fill out our Get Rid Of Your Lemon worksheet for a free case evaluation. You can also call our toll-free hotline, 1-800-LEMON-LAW (1-800-536-6652).

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  6. ltlm

    ltlm Member
    Messages: 64

  7. Sharpshooter77

    Sharpshooter77 Senior Member
    Messages: 162

  8. payton

    payton Senior Member
    Messages: 470

    so you can prove the seller knew about the tranny issues. thats gonna be a hard one to pass by the judge espically with your friend being the one looking over the tranny. if the seller is smart at all he can say your buddy passed bad parts that didnt come from the tranny out of the truck. you need a non biasied shop to do the work some one your not friends with. that way there is no one to say they were paying favorites or doing you a favor under the table. you need to call the seller and agree upon a 3rd party shop. then both meet at the shop and let them tell ya both what went wrong and why.. then come to some kinda agreement on fixing the issue. if the pump went out and thats the cause then the seller is in the clear. that kinda **** just happens ya it sucks but it happens. it might not have caused so much damage if you had pulled over and addressed the problem when it started. why didnt you stop and call the seller right then and there to address the issue. if you were just miles from where you meet him. im sure he would have wanted to come look at the truck asi know i would have. in all honestly its gonna be a tough one to get your money back.. buyer be ware.. as is where is. buying used is well buying someone elses headache. lesson learned any used vehcile should be taken to a mechanic and let them go thru it. some mechanics will even certify used vehicles for x amount of miles.. ive gone over this vehicle and there are no mechanical defults therefore i gurantee the vehicle for 3 months or 4500 miles which ever comes first.

    the guys ya gotta watch out for are the ones who warranty the vehicle for 30 ft or 30 secs. yes i have honestly saw that b4 took my buddy to picke up a jeep. warranty was checked. and it stated 30 feet or 30 seconds which ever comes first i almsot spat mountain dew all over the guy i was laughing so damn hard.

  9. Sharpshooter77

    Sharpshooter77 Senior Member
    Messages: 162

    Payton- When this all happened I was just getting on to route 2 and I called the guy and said that the trans was all messed up and I yold him that I want to bring the truck back to him right then and there but he was on his way to a birth day party for some one and said that there is no one at his house. And told me to bring thr truck to my mechanic and I brough Walsh Transmission and they test drove it and told me every thing that was wrong with. I do not trust this guy to have the trans rebuilt by who he picks. I went and looked at the truck 2 weeks ago and I drove the truck around and the trans was fine and it shifted thru all of the gears good and it had good power backing up. And it shifted thru all of the gears. So something happened sometime in the last 2 weeks sence I looked and drove the truck. Because why on earth would this man have the trans serivced if I was going to pick it up in 2 days. The trans was serviced on march 1st and I picked it up on march 3rd, So he must have known that there was something wrong and just tried to prolong the trans life a little by having it flushed out but that did not wrok well enough. Considering I only got 15 miles before the trans went. the truck has 112,753.4 miles on it right now and I only put 30 of those miles on it. So the trans had a huge failuer the first 15 miles I had the truck. It just don't add up to me.
  10. slongfellowii

    slongfellowii Senior Member
    Messages: 157

    First rule of thumb for transmissions. If you dont know that it has been serviced regularly, never have it flushed. Same thing happen to mine within 2 weeks of a flush. I know that the previous owner did it, but I think you are end up having to eat the price of a new tranny. $1000 is a pretty got price for a rebuild regardless. Be glad your getting such a good price. You might even want to spring for a heavy duty build up. I paid $2300 two years ago.
  11. payton

    payton Senior Member
    Messages: 470

    dont get me wrong i wish ya luck but in all honestly 1000 bucks isnt ****. i just dropped
    4k in my tranny. yeah it sucked but it had to be done. i didnt say some place he wanted i said some 3rd party that you both agree too.

    i still think your gonna have a hard tme getting a judge to lein in your favor.

  12. Sharpshooter77

    Sharpshooter77 Senior Member
    Messages: 162

    Ya guys I think that I am going to end up biteing the bullet on this one. The guy is going to call me tomarrow. He was saying that he might go half or a little more than half way on a trans for the truck. But it still pisses me off that some people out there do things like this to other people. Oh well WHAT GOES AROUND COMES AROUND:gunsfiring: :gunsfiring: . I rather pay for the trucks trans other than spending all this time in court.:gunsfiring: :gunsfiring:
  13. jdanforth

    jdanforth Member
    from maine
    Messages: 41

    i know the law in maine is , a private sale is where is as is no warranty,good luck,
  14. festerw

    festerw Senior Member
    Messages: 986

    I found this on the Mass state website for lemon laws HERE so unless you found anything major that would make it fail an inspection it sounds like your SOL, which sucks.

    The Used Vehicle Warranty Law requires private party sellers to inform buyers about any and 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 sales price or mileage. If the buyer discover a defect that impairs the vehicle’s safety or substantially impairs the use, and can prove that the seller knew about the defect but failed to disclose it, the buyer may cancel the sale within thirty days of purchase. The seller must refund the amount the buyer paid for the vehicle, less 15 cents per mile of use.

    The Lemon Aid Law:

    This law allows a consumer to void or cancel a motor vehicle contract or sale if the vehicle fails to pass inspection within seven days from the date of sale AND if the estimated costs of repairs of emissions or safety related defects exceed 10% of the purchase price. This law applies to both dealer and private party sales of cars and motorcycles purchased for personal or family use. The vehicle must be returned to the seller within 14 days from the date of sale. Click here for more information.
  15. Sharpshooter77

    Sharpshooter77 Senior Member
    Messages: 162

    Thats what happened. After this guy go a first class letter form my Attorney with a copy of how the lemon law works here in Massachusetts. He begging me not to go to court, that he could not afford it and it was to much time for him to waste. Same here I did not feel like spending a ton of money and a ton of time in the courts just to end up with 500.00 . Because after going back and forth and lawyer fees and what not. He said that he would Western Union me 500.00 and it would be there in a few minutes, which it was. So I called him after I got my money and told him very nicely what he was doing to me was worng and against the law, And the big thing that I told him WHAT GOES AROUND COMES AROUND so this guy will get his if you know what I mean . So I got a pretty good truck for 3500.00 with a new transmission. Also if anyone here is looking on craigslist and finds a 1997 F-350 Power Stroke diesel, being sold from Natick and the guys name is Peter STAY AWAY from it because this truck has engine problems. And the guy is trying to get almost 9000 for, Just buyer bewere. Thanks for listen and helping me out guys
  16. Ole Tower

    Ole Tower Senior Member
    from MAINE
    Messages: 210

    Sharpeshoter 77--Don*t fool around w/this GUY! Contact your Attorney Generals Office! & allow them to Handel Your Problem! as they will assit you! Lemon Law? or NO Lemon Law! as thats their JOB! Protecting US! the Consumers! --OleTower--
  17. K&L Salting

    K&L Salting Member
    Messages: 58


    I don't know about other states but I would think that most would be close.I Indiana if you buy something from a private seller there is no recourse because that person is not an expert. Example a car dealer is considered an expert. Even if the dealer put it in writing that there was no warranty he would have to take of that type of problem. That is why here in Indiana you most likely will not find a high mileage or older vehicles on a new car lot. A friend of mine is the new truck manage at one of the largest dealerships in the state and said that they had gotten taken to court on some of the "as is" vehicle an lost. The judge said you are an expert and you should have known that something was wrong with the vehicle. A private person is not an expert and would be hard to prove that he knew the transmission was going out. He could say something like I thought it was making a noise because I was on a rough road. The burden of proof would be on you. I would take his offer of going half and what come around goes around. Somebody will get him someday.
  18. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 7,921

    Private sale or a dealer?
    If you buy a vehicle from a privet party the lemon law does not apply.

    You bought it with out a warranty from a privet party.
    He sold it "as is, where is" It's yours.

    If you bought it from a dealer you had 24 or 48 hrs or is it 3 days? To return it and get your money back. It's called a cooling off period.

    $1000 bucks for a rebuild tranny is cheep.
  19. mayhem

    mayhem PlowSite.com Addict
    from Peru MA
    Messages: 1,016

    Correct, lemon law and impled warranty is dealer only. Note though that if the guy has sold 4 or more vehicles over the last 12 months, a case could be made that he is a de facto dealer, whether he likes it or not.

    According to the RMV (and this goes back a few years) there is no such thing as "as is" in MA anymore. The vehicle that is sold must be capabale of getting a valid state inspection sticker within the 7 day period, or the list of defects preventing that must be known and disclosed prior to the exchange of funds.

    There is hope here yet!! This situation should fall under the "Lemon Aid Law", which basicalyl states what I said above...the used vehicle must comply with state safety and emissions standards...if not and the repair estimte exceeds 10% of the purchase price (not value, price actualyl written on the bill of sale) then you are entitled to pursue refund or work out an agreement with the seller to cover all or part of the costs of repairs at your descretion.

    Good luck...if the rest of the truck is solid and good I would probably opt to go for the repairs and have the other guy pay the $1000. He still gets $2000 in his back pocket and no way is he going to get out of it better than that if you opt to pursue arbitration and possible legal action.

  20. hemisareslow

    hemisareslow Member
    Messages: 32