Legal Question in Legal Ethics in California

Private Party Car issue

A car was recently bought private party by my fiance and myself. It needs work however, mechanics won't work onit until its registered in our name. Then we found out it has to be smoged, then found out it is seller responsibilty. Seller wants us to give car back to smog it then afterwards give us car back. We asked for money back while this takes place because whatif the car doesn't pass smog, we have to wait for him to fix it to pass. We don't wnat to be out the money and a car. We are now going to small claims court. What advise can you give to us on this matter?


Asked on 8/14/07, 2:48 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Private Party Car issue

California Law requires seller to make sure car passes smog test.

You have handled it properly. Continue with the Small Claims action. Keep copies of all paper work and bring three copies of everything to court. When you are testifying you may need one copy for yourself, one for the judge, and one for the defendant (seller).

In court you testify, defendant can ask you questions, defendant testifies, you can ask questions, and judge will frequently ask you both questions.

Be polite! Always call Judge by "Your Honor". Arrive at least 30 minutes early, and dress nicely.

Good luck!

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Answered on 8/14/07, 3:02 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Private Party Car issue

My colleague gives good advice. Some more advice -- don't roll your eyes, pound on the table, or demonstrate displeasure with what the other party says or does. Be very professional in court.

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Answered on 8/14/07, 4:42 pm


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