Legal Question in Civil Litigation in California
Short version: I bought a vehicle from a seller in California "as is" but could never could get it to smog. This took place 9 months ago. Seller will not refund money. I have had the vehicle stored in my driveway, insured the whole time. I have paid DMV fees near 300.00, which I was going to "eat" if he would take the vehicle back. He still claims he's not liable. Smog will cost more then vehicle is worth, after replacing hardware that is not there.
Thanks,
Mike
2 Answers from Attorneys
Seller smogs. Sue seller, small claims.
All, products, even purchased "as is" have an implied warranty that the seller has no reason to suspect they will essentially function for the purpose intended by the buyer and that the product and/or its sale violates no laws. A car that can not pass the smog test runs a foul of this warranty. You should be able to win in small claims court but you need a declaration from some knowledgeable person that it did not pass the smog test and repairs would exceed its value. Make a written demand wilth a ten day time limit on the seller and then sue in SCC. You should probably sue in the County where the actual sale took place.
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