Legal Question in Consumer Law in Georgia

Car Emissions Problem

Hello,

I sold my old car in Atlanta, GA to a person. In a couple of weeks he contacted me and told that the car hadn't passed emission test. He wants to sue me in a court for selling a car without emission test. I did not do emission test for this car because I did not drive it. It stayed on my parking lot for more than 6 months.

My question is: am I legally obligated to make sure that the car has passed emission test before I sell it?

One more question: He paid in cash. I did not provide him with a bill of sale. Am I legally obligated to provide him with a bill of sale?


Asked on 2/04/07, 8:59 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Car Emissions Problem

With very few exceptions, it is illegal to sell a car that cannot pass emissions in a county that has emissions testing. So you have a huge legal problem at this point.

There is no requirement for a bill of sale, but it is extremely bad judgment to sell a care without one, as without one you can't make appropriate disclosures and disclaimers. There is a requirement to transfer title in a timely fashion.

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Answered on 2/04/07, 10:11 pm


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