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I bought a used truck from a dealership 6 months ago. I was

cited two days ago for...
I bought a used truck from a dealership 6 months ago. I was cited two days ago for illegally tinted windows. I bought the truck with the windows tinted as is and the dealership placed a current inspection sticker on the truck when I bought it. My questions are these.
What legal recourse do I have in regards XXXXX XXXXX ticket?
what legal recourse do I have in regards XXXXX XXXXX dealership?
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Answered in 9 minutes by:
7/20/2013
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Verified
Thank you for your question. Please permit me to assist you with your concerns.

I am sorry that you were cited. Was this tint after-market or standard on this model of vehicle?
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Customer reply replied 4 years ago

The tint is after-market and was on the truck at the time of purchase.


 

Jeff,

Thank you for your follow-up. Typically used vehicles are sold as-is. So if the vehicle could pass inspection otherwise and the sticker was valid (I do not believe tint invalidates inspection, but it may give rise to tickets), then the purchase is likewise valid. As this was an aftermarket install, the dealer is not otherwise responsible and as different states have different rules on tint, this vehicle may have been legal in other locations. In essence the dealer had no duty to check this tint was illegal before selling it to you, so they cannot be held liable for your ticket.

As for your ticket, the best argument is to claim that this is how the vehicle was purchased and that you were not aware that the tint violated the law. You can likewise appear in court with images of the vehicle without the tint or lower tint (that you would install to comply). Many judges, seeing that you have attempted to comply, would throw out the ticket based on such assurances.

Good luck.

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Customer reply replied 4 years ago

Thank you for your reply sir.


 


Actually, the tint does invalidates inspection otherwise I would not have received a ticket. The dealership put the inspection sticker on the vehicle, a vehicle that was not street legal in the state of Texas with the tint that was on it.


So if I may ask, what legal recourse do I have in regards XXXXX XXXXX dealership?

Jeff,

You are most welcome, truly. It is a pleasure to explain and I will be happy to do so further.

That is a good point about the inspection and one that grants you the right to claim 'bad faith' and 'misrepresentation'. Essentially by placing the sticker on the vehicle, the represented that the vehicle was drivable and legal in your state. That provided you with false assurances and induced you to purchase the vehicle. It is likely not enough to invalidate the sale, but you can use it as grounds to demand they cover both the removal of the tint and a new re-inspection cost, as well as the cost for the ticket. To pursue them you would need to take them to small claims court, or contact the Texas Attorney General's office for consumer protection so that they could investigate the party and potentially pursue their own fines for this omission.

Good luck.

Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Verified
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