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RIVERSIDE, CALIFORNIA So I bought a car from a private seller (guy down the street). When I was checking the car out he told me that it had passed smog but he did not have any paperwork to show. I thought that should be fine because if it had passed smog it would be digitally sent to the DMV. I purchased the car for $1,900. I took it to AAA (DMV) to do the title transfer and pay for the new registration and they told me it needed to be smogged. Rather then calling the guy I thought I would just smog it really quick myself (This was a mistake). It failed HORRIBLY. I took it to my mechanic and showed him the smog paperwork. He told me it would probably cost about $1,000 to get it to pass smog (Needed new Cat and more). I am a student who lost his job and can not afford that. My mechanic said that even if he sold the car Mexico IS (Which I don't think he did, have to look at the add again) it is still his LEGAL obligation to pay for it to pass smog or to refund my money. I talked to the guy who ended up being a jerk and telling me he was not going to pay or refund the money and then he hung up on me. He also revealed that he smogged it over a year ago, something he didn't tell me when I was looking at the car. I have a receipt from his showing that he replaced the engine a year ago, I am assuming that it passed smog before he swapped engines and now it won't pass. DO I HAVE A SMALL CLAIMS CASE? Thanks!
I have tried reasoning with the seller but he basicly told me its my problems now not his. Also, If I had a way to find out when it last passed smog I could show that since then he has replaced the engine (since I have the receipt for that) which would prove that it was something he had done not me because I have only had the car for a couple of days.
You cannot transfer title of a vehicle in California which does not meet emissions standards, as you learned at AAA. So the car is still legally his, and he also has your money. Of course you can sue him, and should. It actually does not matter whether he told you it would pass smog or did not say that. If it won't pass smog, he cannot sell it (except to junk it). If he misrepresented the emissions test, he may also have committed a criminal fraud, so you may wish to report the matter to the police as well. Here is some guidance:
All cars are considered "as is" unless a warranty is offered or explicitly included. Do you have the emissions part in writing? Email, VM, anything? If so, you do have a case... maybe. You'll have to prove that it was sold that way, that you couldn't possibly have damaged it in a way to make it fail since the purchase, and that the owner actually lied about it. That's the tricky part. Is there anyway to find if it had failed before? That would be a slam dunk. If the last time it passed was like ten years ago, you also have case enough to try. If it only passed a year ago and there was nothing to imply it wouldn't this time, you might be stuck. But if that's the case, I'd still file a suit. Of course, before you file... have you spoken with the seller at all? You may be able to quietly settle this without putting out the $$ to file. Just a thought. EDIT: OK, my official advice as random stranger, after reading your additional details, is to sue. Like I said, you'll need proof that he said it would pass emissions. Not that it had a new engine and you assumed (not saying that's what happened, it's just fair warning), but that he said that. You'll also need a good, complete estimate from the mechanic and maybe another to prove this isn't your friend saying it. Then you sue for whichever is cheaper; fixing the car or giving the car back and getting your money. If, for instance, the car only cost $500 and the repairs cost $1000, you are only legally able to get the $500 and give back the car. Make sense? You may have already known that, but I'm not coming back to check... ;)
Is there anything wrong with the car? Many rebuilt cars are perfectly fine. In some states they have to be inspected before they can go back on the road. Unless you feel you paid too much money (for a rebuilt car), there may be no problem with the car. You could always have it checked by a mechanic to make sure. Used cars are sold "as-is" which means you have no right to return the car, regardless of the reason. That's why it is wise to get the car inspected, get a Carfax report, and look over the title BEFORE you buy.