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


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.


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