Legal Question in Civil Litigation in California

DMV advised this was a civil case. Bought a vehicle, under the impression it was street legal. Owner showed me the tags that were good until March 2012. When I went to register it, I was told that I needed a smog cert that the seller should have provided. So, I went to try and smog it myself and was told the car could not be smogged. Not only was it missing a catalytic converter, but it had several "illegal" parts on it. I told the seller I wanted to return the car, because I there was no way for me to transfer the title. Or I told him that he could pay my mechanic to get the car legal. He responded that all the money was gone and his "buddy" was will to swap engines with me and get the car smogged. The engine was not the problem and this seems very shady, but the DMV only hold Dealers accountable for the rule about the seller supplying the smog cert. Do I have any other recourse?


Asked on 9/23/11, 9:26 am

1 Answer from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

If you paid $7,500 or less for the vehicle, sue the seller for a return of your money based on the fact that he misrepresented the condition of the vehicle. Once you get a judgment agianst him, you can enforce the judgment by attaching his checking account, his wages (if he is working) or, ultimately (if he owns a business) by hiring a sherrif to sit in his business and collect all money that comes in (which, by the way, he will ultimately have to pay for).

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Answered on 9/23/11, 9:46 am


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