Legal Question in Consumer Law in California

buyer agreed to pay for smog check

We recently sold a car and told the buyer it had not been registered or smoged (it was 5 days late) But we told a previous interested buyer that we would accept $500 less our asking price due to the fees and small repairs (not mechanical) So I offered the same deal (500 less) to the next couple, they agreed. We explained the minor things our mechanic ajusted and explained again the fees. They agreed to buy it and take care of it. It did not pass the smog and are requesting we pay to repair and smog it or they will take us to court. They signed a bill of sale stating sold as is and no guarentee or warranty. Plus our verble agreement that they are getting the car for less as long as they take care of the fees. What should I do????


Asked on 10/25/05, 10:52 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: buyer agreed to pay for smog check

unfortunately, ALL sellers in california are responsible for smog repairs according to state policy. Thus, a seller cannot draft a contract that opposes state policy, or else it is simply unenforceable and the buyer's rights prevail here. you probably should have contacted an attorney prior to selling your car with these discounted, but unenforceable provisions. so, you may have to chalk this up as a learning experience unfortunately. however, if there is something else in the contract that may make the sale voidable on your behalf per se, you may have a defense here that does not go directly toward the smog repair issue. if you would like further assistance, contact us today.

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Answered on 10/26/05, 3:49 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: buyer agreed to pay for smog check

You lose. Seller has to smog, no matter what. Next case.

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Answered on 10/25/05, 11:03 pm


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