Legal Question in Business Law in California

Used car buying

I purchased a used car and it won't pass smog.I told the seller this and he wants to try and have it smogged. The car has a lot of problems he didn't disclose and I never signed anything stating as is. If he has the car smogged I believe it will be through an illegal smog. I asked for my money back and he declined. What are my options and how do I know he did the work that had to be done for it to legally pass smog? He has never even given me a bill of sell for the car. He just signed over the pink slip. I also found out afterwards that the engine might have to be replaced. Thank you for your time.


Asked on 11/29/99, 4:05 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Used car buying

By law the seller is legally responsible for having the car smogged. I would advise taking it to a mechanic you trust and find out what it will cost to bring it up to standard and go to small claims court for that amount.

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Answered on 12/07/99, 12:23 am
John Hayes The John Hayes Law Offices

Re: Used car buying

If you bought the car from a dealership this would fall under the lemon law and void the sale. However, I am usure if this law pertains to a private sale. If the seller is not willing to void the deal I would take him to small claims court and I think you would win. I would also take the car to a mechanic and have the car checked out and all the problems detailed in an estimate. This would greatly improve your chances of winning. Good luck.

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Answered on 12/01/99, 3:52 pm


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