Legal Question in Appeals and Writs in California
I sold my vehicle to someone and they had made a verbal agreement and signed a bill of sale that stated they agreed that the buyer would smog the car. now they are trying to use it against me that state law requires that I do it. however i understand it is a law now, which we were both unaware of at the sale of this vehicle, but he did sign a contract between the two of us. what should I do?
2 Answers from Attorneys
This is a contracts question...but i see you have three choices try an rescind the contract on a mistake theory or public policy theory and give them their money back or .follow state law and pay for it . I doubt litigation would help you recover any thing frim them to cover the cost...
The seller MUST smog the car for the buyer. It must be smogged before it can be registered. No agreement between the parties can waive that requirement. Now all the buyer has to do is get it fixed to pass smog and sue you for the bill. OR he can demand all his money back and return the car. Next time learn the actual laws and comply with them, or continue to suffer the consequences.
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