Legal Question in Consumer Law in California

So I recently purchased a car from a private seller. The car ran great and it had its 2010 tags so I assumed everything was good with the car. Unfortunately when I went to register the car in my name the DMV wouldn't allow me because it hadn't been smogged. So I went to the smog station and it failed, so I had a diagnostics test done and they said it was a cfk sensor. I had that replaced and went back to the smog station. Once again it failed. Now I am 600 dollars deep in fixing this car to get it to pass the smog test and I'm delving even deeper into my own pockets to fix the problem. From what I have researched CA state law says that it is the seller's responsibility to smog the car. I never signed anything that said sold as-is and I was never informed that it might not pass smog. I was however told about 1 or 2 minor problems which would not affect the car in passing a smog test. So my question is should I be reimbursed by the seller for the costs of getting the car to pass smog, and if so how would I go about this procedure? If not what reason if any would prevent me from being reimbursed.


Asked on 8/07/09, 9:00 pm

1 Answer from Attorneys



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