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The Massachusetts Failed Inspection Law allows you to void or cancel a motor vehicle contract or sale if your vehicle fails to pass inspection within 7 days from the date of sale and if the estimated costs of repairs or safety related defects exceeds 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 regardless of mileage or age. It does not apply to leased cars.
Inspection stickers are not transferrable and any previous inspection stickers should be removed by the seller before transferring the ownership to you. Don’t allow the dealer to do the inspection for you.
In order to get a refund, you must complete all of the following steps within 14 days from the date of sale.
If you complete these steps, you are entitled to a full refund of the purchase price. Alternatively, you and the seller may agree in writing to have the seller make the necessary repairs at their own expense.
Get a written statement from the inspection station where you brought your vehicle stating why it failed to pass the safety or combined safety and emissions inspection test.
Get a written estimate of the costs for the necessary emissions or safety repairs showing that those costs exceed 10% of the purchase price. Be sure to obtain this estimate from the same inspection station that failed your car.
Inform the seller of your intention to void the contract. Do this by certified mail, return receipt requested, regular mail, and by email. Enclose a copy (not the originals) of the documents listed in steps 1 and 2.
Bring the car to the seller, even if delivery requires towing services. If the seller refuses to accept the car, prepare a statement indicating that you and a witness delivered the car to the seller on that date, but that the seller refused to accept the car. Be sure the statement is signed by both you and your witness in the presence of a notary public.