Legal Question in Mediation in California

Problem car sale

I sold my car two weeks ago. Seven days after the sale, the buyer contacted me saying that the car had more wrong with it than I had let on. He now says that the smog certification I provided is expired. It is the one currently on file with the state of California. Upon further research, the certificate may be expired(after 90 days). He had every opportunity to inspect the car, have the car inspected, and to inspect the documents. He paid cash for my car. He filled out his own info on the ''release of liability'' form, which I promptly sent to the state. He has still not submitted an application for transfer of registration(required within 10 days of the transaction). Now he has contacted me repeatedly with threatening e-mails, which I have saved. He has not asked for anything specific, but says that my job and nighbors ''need to know what kind of person [I] am and they will soon find out.'' I want to know if there isi an actionable case against me based on the suspect smog certification.


Asked on 11/20/06, 3:43 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Problem car sale

It's my understanding that a seller is supposed to have the car "smogged" just before title is transferred. A certificate of compliance is valid for 90 days. Health & Safety Code � 44015.

As for anything else, the law states that a used car is purchased "as is." I agree with your notion that the buyer had the opportunity to conduct an inspection.

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Answered on 11/20/06, 5:04 pm


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