Legal Question in Consumer Law in California

Sold As Is, but still need to smog vehicle.

I sold a vehicle as is, written onto the bill of sale and initialed by the buyer. I explained any issues I knew about vehicle (my childs car, I do not drive it). It has not been to a shop for diagnosis. I told them I know nothing about cars and to have it checked by a mechanic prior to purchase. He took it for a test drive. It needs an airflow sensor and the check engine light was on. It was on when we bought it only 6 mos ago. Dealer said it was fixed, smogged but wouldn't clear. Neither one of us knew I needed to smog it first. The items that needed to be fixed were why we told them we would take 700 off the sale, so that they could get them fixed because these were the items needed to fix to pass smog. There was no written agreement about this issue. They took it in & it came up with a lot of codes which MAY mean a new transmission or a computer problem. They want money back. I now know I have to smog it, but I've already signed over the title to them. I can't take it to a shop or do anything about it because I no longer own it. Do they have a case to get their money back? They do not want to keep it & probably won't agree to take it to a shop just for my smog repairs that I will pay for. Can they sue? How do I get it smogged?


Asked on 3/21/05, 2:43 pm

1 Answer from Attorneys
Robert Hamparyan Law offices of Robert Hamparyan

Re: Sold As Is, but still need to smog vehicle.

Dear sir or madam,

If you had entered into a written sales agreement with the AS IS language included, and you did not knowingly misrepresent any facts or information about the car, the purchaser does not have any recission rights after the purchase. I would not recommend taking the vehicle back. Good luck.

Read more
Answered on 3/23/05, 11:20 pm


Related Questions & Answers

More Consumer Law questions and answers in California