Legal Question in Consumer Law in Massachusetts

I purchased a Certified preowned Toyota one year agao and the dealer provided the MA inspection sticker. The car has tinted windows and I specifically asked if they were legal, factory installed or after market. The sales manager assured me that they were factory installed and I would never have any problems with them. Well I have a problem. They are in fact after market and illegal level so i cant get a new,valid sticker. When I returned to the dealer a different manager offerred to pay to remove the tint and for the sticker(after 2 hours of talking and trying to tell me there was no problem). My issue with that resolution is that I spoecifically asked about the tinting before purchasing because the tinting is what made me pick the car. I dont know that I will like the look of the car without tinting. I am wondering what recourse I have overall and If I accept their offer "contingent upon my satisfaction" and I dont like the car without tinting what recourse do I have?

BTW I checked the Attorney generals site and the DMV and both state that it is illegal to sell a car with windows tinted below a 35 and mine are 23. DMV further states that a car MUST be above 35 to obtain a sticker and the dealer passed a 23.

THANK YOU!


Asked on 7/02/10, 4:16 am

1 Answer from Attorneys
Dmitry Lev The Lev Law Firm

You may have an action under the consumer protection statute against the dealer. In the end, the question is going to be "what are your damages?" and what's the best way to compensate you. It's unlikely that you'll get a free car out of this. A judge may agree that their offering to remove the tint is the best solution.

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Answered on 7/13/10, 11:18 pm


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