Legal Question in Civil Litigation in California
So I recently purchased a car from a private buyer when asked where the smog cert. Is, he informed me I didn't need on so I took his word and assumed it had recently been smog checked. Well I went to register it this was not the case and I went to go get it smog checked and it failed. He is also being very unhelpful in fixing the situation, but I know it is his responsibility to provide the certification. My question is should I pay for the repairs then attempt to collect the money or get a few estimates for the repairs and then attempt to collect. Or take him to small claims court?
2 Answers from Attorneys
He probably is not going to pay you anything until you get a judgment and even then will try to evade paying anything. Write him a letter, mailing it certified to show tha he recived it and e-mail it also to show it was opened by someone at his e-mail address, demanding that he take the car back and return your money in 7 calendar days, because o fhis fraud and misrepresentations that it had passed the smog test. If you are not iln a rush to use the veh cle, get the repair estimates and sue in Small Claims Court.
You can go to small claims court with either a repair bill or an estimate and win. You could also demand rescission and your money back if the car is less than $7500 limit of small claims court.
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