Legal Question in Civil Litigation in California

Not unless they gave some kind of warranty that the car would be in perfect running condition. So unless you have evidence that the seller knew of the problems and lied to you about them, not just didn't tell you, but rather lied when asked, you have no case.

Private party used cars sales are assumed to be 'as is' unless you can prove you got some form of warranty from the seller. No sane seller would do that unless he got a premium price for the car, and was confident it had no problems. He was selling it for a reason. You discovered what may have been his reason.

Now, with all that said, a seller is legally obligated to provide a current smog certificate upon sale; something you should have known and demanded if you were an educated buyer. If he didn't, you have grounds to seek your money back, so file in small claims court.

I disagree with the previous responses.

California law is clear that the seller of a car, not the buyer, is responsible for having the car smogged. Section 24007 subdivision (b)(2) of the Vehicle Code states that it is the responsibility of the seller to provide a valid smog certificate at the time of delivery of the vehicle.

If the vehicle fails to pass smog, you should first try to work it out amicably with the seller. If that fails, you have the option to pay for the repairs and the smog check yourself, and then take the seller to court to recover your costs. The law clearly supports the buyer in getting a court judgment, but collecting on the judgment can be difficult if the seller has no or limited assets.