Legal Question in Consumer Law in California
Car purchased recently and will not pass smog.
First off, I am a college student around the San Deigo area of California. I recently purchased a 92 mitsubishi 3000GT from a private party for $3,500. I tried to get the car registered and it turns out that the car will not pass smog. It will cost me about $3,000 to fix it so it will pass, which is way more money than I have and want to pay. I heard from a few sources that there is a law in california stating it is illegal to sell a car if it does not pass smog. I cannot find this and was wondering if anyone could help me or advise me on what to do or if this law is even real or legitimate. Please help hungry college student in bad position. Thanks.
3 Answers from Attorneys
Re: Car purchased recently and will not pass smog.
Seller has to smog.
Re: Car purchased recently and will not pass smog.
The seller is required to smog the vehicle. Here is the link to the DMV website page: http://www.dmv.ca.gov/vr/smogfaq.htm#BM2537
You should call the seller and tell them to refund your money. If they wont, you may want to go to small claims court.
Re: Car purchased recently and will not pass smog.
California Vehicle Code section 24007 requires that the seller can't sell the car if the seller doesn't provide a smog certificate. Thus, you should write (certified, return receipt, and keep a copy) to the seller telling him/her that the sale is void and you will return the car in exchange for return of your money. If they don't refund the money, then small claims court is the only other option, either for refund of the money, or the cost of bringing the car into compliance, whichever is greater.
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