If the car I just bought passes state inspection but still has major safety issues, does the lemon law still apply?

Also, they passed my car however when I brought it to a AAA certified mechanic he said the back tire was bald and it should have failed the inspection. They are giving me a really hard time and I want to give the car back. One more thing if they do agree to take it back, its already registered in my name and the title was signed over to me and has already been sent to the dmv. What should be done to un do that and give back the title and register it under their name again?

Asked on January 27, 2013 under General Practice, Massachusetts

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

 

If the car is reparable, then you need to give the car dealer an opportunity to repair it under your state's lemon laws. Here is a link to the government agency that handles these types of complaints and will explain what vehicles are eligible for protection under the Lemon Laws: http://www.mass.gov/ocabr/consumer/autos/lemon-laws/used-vehicle-warranty-law.html  . The timelines for certain warranty are relatively short-- so they may be giving you a hard time as stall tactic until your warrant expires.... so formally demand relief under the act and ask them to repair the defects in the car.

 

If they refuse, you can sue them for violations of the lemon law and general consumer fraud. You would have a fraud claim since the invalid inspection sticker was obviously designed to induce you to buy the car.  You can also file a complaint through the link listed above.

 

If they decide to take the car back, then you would both simply need to sign the vehicle back over to them so that the title information can be corrected.

 


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 AttorneyPages.com 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.