Legal Question in Credit and Debt Law in California

Our used vehicle is a lemon

We just recently bought a used truck from a private party. We were unaware that it is the sellers responsibility to have the vehicle smogged, and were told that there would be no problem having the truck smogged, and that the seller would not cash the check till the truck was smogged. When we took the vehicle in to be smogged the mechanic practically laughed us out of the garage and said it would be at least $500 to make sure this vehicle could pass smog. We called the seller to let him know, he offered to have get the truck smogged for us, but we were affraid because of his contacts that the smog certificate wouldn't be given legally and asked for our money back. It has been 2 months since we have told him we want our money back, he cashed the check almost immediatly upon reciept. We have been told we are protected by law to get our money back and return this truck, could you please help! Thank you for your time.


Asked on 5/12/99, 1:27 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Our used vehicle is a lemon

It is his responsibility to get it smogged and he is offering to do that. Your fears are without rational basis and do not give you legal grounds to get your money back.

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Answered on 5/19/99, 1:04 pm


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