Legal Question in Consumer Law in Georgia

Case for what? It was your responsibility to have the car checked out, and you failed to tell us the terms of any warranty you got with the purchase.

You have a strong case. It is illegal to sell a car that cannot pass emissions.

According to Georgia law, the seller (regardless of location in Georgia) is responsible for selling a vehicle with a current, valid passing Georgia Vehicle Emission Inspection Report (VIR) if the buyer is going to register the vehicle in a Georgia county requiring emission testing. For 2009, all 1985 - 2006 model year gasoline-powered cars and light-duty trucks (8,500 pounds gross vehicle weight rating and less) require an emission inspection.

Vehicles sold �as is� are not exempt from the requirements to have a current, valid passing VIR at the time of sale.

A VIR is valid for 12 months or one registration renewal, by the same owner. The VIR can be used for initial registration and again for the renewal as long as the VIR is still valid.

A copy of the most recent VIR can be downloaded for free via the Georgia�s Clean Air Force (GCAF) Web site, www.cleanairforce.com. Click on the �Motorist� microsite and select �Print a Copy of Your VIR� under �Quick Links.� Sellers can print a copy of a VIR by simply entering the vehicle identification number (VIN).

Vehicles sold as �parts only� or �salvage� and the title has been appropriately identified as such with the Department of Motor Vehicles are not subject to the vehicle emission law and it is the seller�s responsibility to ensure the vehicle is not driven away from the sale.

For vehicles sold without a current, valid passing VIR, the Georgia Environmental Protection Division (EPD) has the option of pursuing administrative enforcement with penalties up to $5,000, or to seek criminal prosecution of the seller. Contact them for their help and you can also sue the seller in small claims court.

No, you cannot sell the car for the reasons above.