Legal Question in Civil Litigation in California
smog check liability - seller or buyer?
Seller did not provide me with smog cert. He agreed to pay for it though. I took the car to get it smogged and it didn't pass. Problem - the engine light was not working properly. I took the car to a AAA cert. VW mechanic to have it checked. He told me that someone had removed the light bulb. When light bulb was installed, the engine light just stayed on. The mechanic diagnosed and said the problem was serious. I meantioned this to the seller and he says he sold the car ''As Is'', which he never even once stated this when I purchased the car. At the time of the purchase, he stated that ''it would be hard to find another car in this great of a condition''. He also told me that the car was well maintained. That the only reason for the sale was because his wife can no longer drive it. Well, along with the eninge light problem, there is a coolant leak, radiator is shot, A/C gone, issues with the clutch, and other minor stuff. Seller sold me the car for $4400. Private party blue book value is $4000 in excellent condition. Obviously, this car is not in excellent condition. Do I have any legal recourse?
2 Answers from Attorneys
Re: smog check liability - seller or buyer?
Small claims court is your remedy.
Re: smog check liability - seller or buyer?
At the small claims court hearing stress that the law requires the seller to smog the vehicle prior to selling it. Search the California vehicle code for the section that states that the seller must have the vehicle smogged before the sale of the vehicle.
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