Legal Question in Civil Litigation in California
Selling a used car
I sold a car to a 17 year old and now he wants his money back. He bought it for $3000.00. He was told everything that we knew was wrong with the car. I gave him $100.00 off to get it smogged and registered. We agreed on putting $500.00 on the pink slip so that he would have less tax to pay. A month later, he says it does not run and it will not pass smog after his mechanic did some work on it and will be taking me to court to get the money back and sue me for fraud and tax evasion. Does he have a legal leg to stand on? I do not know if he registered the car in the 10 days or not.
1 Answer from Attorneys
Re: Selling a used car
It is the seller's responsibility to have the car smogged. Usually, the seller and buyer will get it smogged together, and then sign over title on the spot.
Another issue, of course, is whether a person under 18 can enter into a contract. The agreement in which you entered is voidable. I doubt he would prevail in a suit for fraud as he was equally as culpable (in legalese, it's called "unclean hands").
What are your remedies and how much aggravation to you want from this kid? Have you talked to his parents? Maybe it won't involve much to get it up to snuff to pass the smog test.
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