Car Dealer Wants Me to Buy Back My Trade in After They Have Paid Off My Loan

[Sr71blackbird]

My question involves a consumer law issue in the State of: CALIFORNIA

I traded in my 08 Corvette 1.5 months ago on a Jeep Wrangler. The Corvette only had 16k miles on it. I had a supercharger on the orginal engine that blew the motor, so I built a brand new motor using a block that was from an 07 car instead of an 08. When I traded in the Corvette the check engine light was on. I didnt pay attention to it since the car ran fine. At this time the car dealer had paid off the Corvette loan, and th new loan I got for the Jeep Wrangler was already funded.

The dealership calls me and says since the check engine light is on they cant smog the car. They also proceed to tell me they want me to buy back the Corvette since it has a different year block than what came from the factory. I was concerned about the smog thing so I did the dealership favor and picked up the car, drove it to the shop that rebuilt the motor and they fixed the check engine light. I took it upon myself to smog the car just to make sure there were no problems. I dropped the car off at the dealership that same day with the check engine light off, car smogged and I even pulled a car fax and that was clean. I drove round trip 180 miles and the car ran great.

The GM calls me today and says the car wont start, and that I need to pick it up and get it fixed or I will need to give them their Jeep back, and repurchase my Corvette paying sales tax again and having my payment jump $290 a month. I told the GM I never misrepresented anything and if the car isnt running right thats their problem, not mine. Its been over 1.5 months and now I feel like I am being harassed. I told him I would be consulting an Attorney and the car is their problem. I dropped it off smogged, running fine with no check engine lights. Do I have any liability?

Thank you in advance

[cmre3456]

California is weird about smog issues, so I don't know. Under contract law, they don't have a claim against you. There was offer, acceptance, and consideration. They had every opportunity to check the car over before they accepted it in trade, and they accepted it.

They are professionals in the business. You aren't. You have an advantage in that you are not, and car dealers don't have the best of reputations if they take you to court. The judge has probably been scre*wed by a car dealer too.

I would flat ignore them because I believe they are bluffing.

I'm not an attorney and you should get the advice of one.

[flyingron]

I don't know if dealers have special requirement, but it is ILLEGAL to sell a non-smogged car in California.

[jk]

drove it to the shop that rebuilt the motor and they fixed the check engine light.

did they "fix" the check engine light or did they fix the problem that caused the check engine light.

If you obtained a fraudulent smog cert, they have a valid argument. If everything was legit, I do not believe they have a case.

I took it upon myself to smog the car just to make sure there were no problems.

why try to make it sound altruistic? This was a requirement on your part. You must have a valid smog cert to be able to transfer title.

Reading between the lines, it sounds like you either obtained a fraudulent smog cert or no smog cert. If that is the case, the dealership has a very strong case to demand you repurchase the 'vette.

[Sr71blackbird]

did they "fix" the check engine light or did they fix the problem that caused the check engine light.

If you obtained a fraudulent smog cert, they have a valid argument. If everything was legit, I do not believe they have a case.

why try to make it sound altruistic? This was a requirement on your part. You must have a valid smog cert to be able to transfer title.

Reading between the lines, it sounds like you either obtained a fraudulent smog cert or no smog cert. If that is the case, the dealership has a very strong case to demand you repurchase the 'vette.

I picked the car up from the dealer, drove it to the shop that did the work on the car originally and they cleared the codes (Was a loose connection to the maf sensor). I had it smogged by a certified california smog shop on the way back just in case the dealer tried to come back and say the car wouldnt pass smog. The whole reason the smog thing came up is because the dealership said the car wouldnt pass smog with the check engine light on. I'm not sure how you read that I obtained a fraudlent smog cert? It was just some random shop that did the cert and it passed. They want me to buy back the car because all of a sudden it will not start and they say they dont have a "Sellable" car.

[jk]

a smog check that quick is not valid. If you tried to get a cert at that time, it would be denied since the computer had not had a chance to "read" the system thoroughly. There is a readiness test within the system and until the computer has read enough cycles after the codes are cleared, your car will fail due to the readiness test.

and no, a car will not pass a smog test with the light on. If all the guy did was clear the codes, he did not fix the problem that caused the light. As such, once the system passes the readiness test, the light will come back on which means a failed smog test.

so, if the correction of the loose connection cured the problem, you should be fine. If not, plan on buying the car back. I suspect they are not going to play around too much with the situation if it is actually more than the loose connection.

[cyjeff]

Another thing to consider is the simple fact that an 07 engine in an 08 vette seriously drops the value of the vette.