Massachusetts dealership sold used car with tint that won't pass inspection

[Parsec]

Originally Posted by bUU

From a no longer posted page on the Attorney General's website:Cooling-Off Periods, Right to Cancel a Sale

There are specific exceptions, for which a cooling off period does apply under certain circumstances: Door-to-door sales (but not for real estate, insurance, securities or emergency home repairs), second mortgages, timeshares, health club contracts, and home improvement contracts.

Originally Posted by robr2

And from the state:

A Massachusetts Consumers Guide to Shopping Rights

"Cooling-Off Periods

Many consumers mistakenly believe that after they purchase a product they have a "cooling-off period"-such as a 3 day period- during which they can cancel the contract. THIS IS NOT TRUE."

You probably got out of the sale because of the missing option and the dealer knew that if they held you to the contract, you would become a PITA to them. Often times, it's easier to "fire" the customer than to deal with them, even when they are right.

Good to know. Learn something new everyday.

[BostonMike7]

Originally Posted by justishar

I see some anecdotal claims that this is because the back window can't be rolled down and thus can't be tested... No idea if this is accurate.

It's not. I actually own a tint meter that can be applied to a window without rolling it down. There is a magnetic plate that sticks to the meter through the glass. Pretty simple.

[MikePRU]

Originally Posted by Parsec

Are you sure we don't have a 3 day cooling period in MA? I've heard about it from many different salesmen over the past several years. I actually backed out of my P&S at a car dealership when I realized the salesman cheated me out of a $300 option. They wouldn't reduce my sales price by $300, so I told them I was invoking my 3-day cooling period rights and they refunded my $2000 credit card deposit. I took my business to another dealer who was happy to give me the same deal without negotiation. I signed all the papers, but didn't drive the car off the lot yet. Did the OP drive the car off the lot? It sounded like he didn't take delivery yet because the car didn't pass inspection.

I've canceled a P&S for a car as well. However, once they put the title in your name and you drive off the lot it's yours.

My wife's last car was an Acura RDX that we bought at Prime Acura in Walpole. When we picked it up, I wasn't able to look it over thoroughly as we had a screaming newborn with us. When I got it home, I found a defect in it that the dealership was never able to fix to my satisfaction and they refused to take it back. As the defect was cosmetic in nature, I could not invoke the Lemon Law. Anyway, I would advise anyone buying a car to avoid Prime Acura like the plague. They were incredibly unpleasant to deal with once it became clear that there was a problem with the car.

[justishar]

Originally Posted by Parsec

Are you sure we don't have a 3 day cooling period in MA? I've heard about it from many different salesmen over the past several years. I actually backed out of my P&S at a car dealership when I realized the salesman cheated me out of a $300 option. They wouldn't reduce my sales price by $300, so I told them I was invoking my 3-day cooling period rights and they refunded my $2000 credit card deposit. I took my business to another dealer who was happy to give me the same deal without negotiation. I signed all the papers, but didn't drive the car off the lot yet. Did the OP drive the car off the lot? It sounded like he didn't take delivery yet because the car didn't pass inspection.

I think the reason this worked for you has nothing to do with the cooling down period-- If you agreed to purchase a car with the option and they provided you a car without one, that is both a voidable contract and misrepresentation which you could have sued for. I feel that my situation is similar-- If when I go back to the dealership Saturday to resolve the issue, they won't do it, I feel that the contract is voidable due to the lack of intent on my behalf (no "meeting of the minds"). The contract was formed around a certain car with certain features. Take away one of those features and the car is not the car I agreed to buy. Where my situation gets a bit sticky is with regard to the fact that the feature has to be removed due to the regulations of the state. I suppose it could be argued that they did sell me the car as we agreed upon and checking the tint of the glass would be a part of my due diligence to inspect the car before purchasing, however I feel that this falls apart because of the warranty of implied merchantibility and the fact that part of the money that I agreed to pay was to have the inspection done through the dealership (the implication being that the car passing inspection is a prerequisite for the contract to go into effect).

All that said, I'm probably not going down that route, I just am trying to firmly understand my legal standing in the matter (and hopefully someone down the line gets something out of this discussion by finding through a search!)

[jan0105]

My husband had a realllly cheesy, deeply-tinted cheapo sports car when we met (he had gotten it when he lived in Florida). He got pulled over all the time for the tint, and you could tell the cops were always surprised to find a dorky, clean-cut guy in a button down behind the wheel.