Legal Question in Consumer Law in California

Private Used Car Sale - No Smog

In Oct 2004 I purchased a vehicle ''as is'' from a private party. I was told that it

had always been in for it's required services on time. I asked about it's 60k

service, the response was that it had not been specifically taken in for it, but

all services had been performed individually. Upon purchase I was presented

a folder of receipts for services that had been performed. Upon review I can

find no evidence of anything other than oil changes.

After purchasing the vehicle I paid the DMV fees, and was told that I needed

to have it smogged. Eventually I gathered enough money and time to have it

tuned up and most of the 60k repairs done, suspecting I would need to have

such repairs completed before passing smog. I took it for a smog test and

still after all of the repairs I came up as a gross polluter.

I believe VC24007 (b)(2) forces the seller to make the vehicle smog,

regardless of the ''as-is''. Am I correct or is this for dealers only?

Do I have a case in making the seller bring the vehicle up to passing smog

regulations?

Do I have a case in making the seller pay for, or provide proof of service for

the 60k services not related to smog because he stated they had been done? I

have a witness.

1 Answer from Attorneys

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