If I bought a car with tinted windows from a car dealer and got a ticket because they are too dark, is the dealer responsible for fixing them?

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If I bought a car with tinted windows from a car dealer and got a ticket because they are too dark, is the dealer responsible for fixing them?

Asked on December 26, 2012 under Business Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The dealer is not ressponsible for fixing them unless--

1) The dealer gave you a darker tint than you requested, in which case the dealer breached the agreement (written or oral/verbal) between you by not providing what you were paying for, or was negligent (unreasonably careless) in doing the work; or

2) The dealer knowingly or deliberatetly misrepresented, or lied, to you about whether window tints generally were legal or whether whether this particular tint was legal, in which case the dealer committed fraud.

So if you were told this tint was legal, or you asked for the darkest *legal* tint, and the dealer instead gave to a too-dark, illegal tint, the dealer is likely responsible for the cost of correcting the problem and your ticket, too.

On the  other hand, if the dealer did not render an opinion about the legality of the tint or recommend a tint to be legal (which recommendation you followed), but instead gave you exactly the window tint that you picked out and requested, the dealer would not be responsible; a seller is not responsible for a buyer choosing to do something that happens to be illegal.


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