Legal Question in Civil Litigation in California

We sold a used car and then were sued by the buyers because we had not smogged the car prior to sale, even though we made an agreement that the buyer would have the car smogged and let us know if there were any problems we would take care of it. The commissioner ruled that the contract is nullified because we did not smog the vehicle prior to sale and has ordered that we pay back the purchase price and they return the car to us. The problem is the buyer blew the engine up within 5 days of owning the car and I would like to know if I can pursue them in court to recover the damages they did to the car. We had owned the car for 5 years prior to selling it and had no major problems. They even took it to a mechanic and had the car looked at, the mechanic told them it was a good car and that they should purchase it. Also neither us nor the plaintiffs were ever sworn in during court. I believe when the court swore everyone in we were in the hallway with an arbitrator. Can I have the court ruling thrown out and have it retried in small claims or would I still need to appeal? I am trying to avoid paying the judgement prior to having sued them back for the damages to the vehicle.


Asked on 9/28/09, 3:01 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I assume that the SCC commissioner found some section that a car could not be sold if it could not pass the smog test. If that is true, his judgment was correct. On appeal, his decision should be affirmed. You likely would have to file a separate suit agailnst the buer for the damages to your car; you should have made it a cross-complaint in the underlying case. Technically you should pay the money back now but if it does not cost much to appeal you could do so to delay having to repay the buyer until you can get your case heard in SCC.

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Answered on 9/28/09, 2:15 pm


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