Used Car Won't Pass Smog Test

[gfontane]

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

A very honest and trustworthy friend just before Christmas...needed to buy a car and went on Craigslist.com...found a car; called the seller...met with the private seller at a public location (store parking lot)...gave him $3000 cash and a few days later my friend took the vehicle to have emissions test done and car wouldn't pass emissions. Then, after the fact...took car to dealership to find why it wouldn't pass emissions to find it needs a new computer. Then, came home and ran a Carfax report and found the car had been sold to an auction and someone bought a month prior (Nov. 20, 2011) and turned around and sold it to my friend a month later.The car title says 94,000 miles but Carfax report states 139,000 +...tried calling the private seller and of course "no answer". Turns out the cell phone # is now "turned off" as was probably a pre-paid "go phone" that seller was using. We are trying to get any help possible but, it's not looking good. Due to the "driver privacy policy" it is probably a lost cause trying to get any info on the guy who sold the car from the AZ motor vehicle dept.

If anyone has any ideas on what we can do...please, let me know!

Thanks!

[Mr. Knowitall]

If your friend wants to know who sold him the car, the title will identify the seller. Or are you stating that he registered the car, has no memory of who the seller was, and doesn't even want to try asking the DMV.

[gfontane]

First off, I thank you so much for your quick response....but my friend already took the title to motor vehicle dept for re-issue in his name and the MVD is closed for the New Year holiday today. I am afraid the AZ MVD will not provide him with the previous owner info due to the "driver privacy policy" act. I will call tomorrow and see what they say...but, I think we may be out of luck on that.

I initially thought the Carfax report would list the owners name and other pertinent info like home address but, it does not!!!

[Mr. Knowitall]

We're not going to be able to get that information from him. Let us know what he finds out tomorrow from the DMV.

[gfontane]

My friend does not remember the sellers name (only met him briefly to discuss purchase of 2001 PT Cruiser). We will try to call DMV tomorrow as they were closed today for the holiday to see if they will give us the previous owners name and address. I do believe this guy knew exactly what he was doing and pulled a "scam" on my friend because we tried calling the guy back as soon as we got back from having emissions test and dealership inspection done and the sellers phone is no longer in service. We believe he used a pre-paid (pay as you go) cell phone as a means of contact to sell the vehicle knowing fully this vehicle had problems. It was a quick sale!

I will also try to contact the AZ Attorney Generals office tomorrow as well as the DMV... but, I am not sure if we have any recourse whatsoever.

I will definitely let you know what the DMV says. Thank you again.

[Who'sThatGuy]

The car title says 94,000 miles but Carfax report states 139,000 +

What is the mileage on the speedometer?

came home and ran a Carfax report and found the car had been sold to an auction and someone bought a month prior (Nov. 20, 2011) and turned around and sold it to my friend a month later.

There is nothing illegal about buying a vehicle at an auto auction and reselling the vehicle. You could even sell the vehicle the same day you bought it.

[gfontane]

Car speedometer reads 95,000 miles...

I do understand that it is not illegal to buy a car from an auction and resell it...but, in this case I believe the computer in the car was tampered with and is now the reason it needs to be replaced.... which will cost close to another $1000 as priced by the dealership that inspected it a few days ago.

The AZ emissions testing place said that when you start the car the "check engine" light should come on for a few seconds...in this case the light doesn't come on at all and the dealership said after doing a diagnostic check that it needs a new computer.

I truly believe the seller was pulling a "scam" and knew the problems beforehand as he said that the car belonged to his mother and she just didn't drive it much so he needed to sell it.

The CARFAX report states that in....
Dec. 29, 2010... the car passed emissions inspection in Maricopa county with mileage 132,000
Sept. 16, 2011... car was offered for sale thru Airport Chrysler Jeep in Scottsdale, AZ
Sept. 20, 2011...Auto Auction Southwest Region sold at auction with mileage 139,157
Sept. 21, 2011...Dealer took title of this vehicle while in inventory and title and registration was issued @ Scottsdale dept. of motor vehicles Title # 00E7011264085
Sept. 23, 2011... Vehicle was sold and purchased
Nov. 20, 2011...new owner title/registration was issued @ Phoenix, AZ dept. of motor vehicles Title# AX67011324007 with mileage 139,169
Dec. 24, 2011...my friend was just moving back into the Phoenix, AZ area from California and was using a rental car at the time and needed to find a car to buy. He answered an ad on Craigslist.com for 2001 PT Cruiser for sale....met w/ seller and purchased the vehicle and you know the rest of the story as stated above previously.

[Who'sThatGuy]

So clearly there is a discrepancy with the odometer.

Speaking about the old title that you handed in to DMV to get the new issued title. What was the mileage stated on the front of that title?

Call DMV and ask what you could do about odometer fraud. See if DMV can help you with the contact information of the prior owner. It sounds like you will need to sue the person in small claims court. You need to prove that this guy rolled back the odometer, but with him only owning the vehicle less then a month, I don't think it will be very hard to convince a judge.

[gfontane]

The title says....94,000 miles....

so YES, there is a discrepancy in the odometer and who knows what other tampering could have been done to the vehicle since the computer in the vehicle needs replacing!!!

I do believe the seller was fully aware and with full intent tried/did defraud my friend because.... why would someone who is on the up and up all of a sudden no longer be reachable at the contact phone #. The phone # of the seller is no longer in service....when you call the # you get an automated message that "the verizon wireless customer is not available etc etc" which means that the phone service has been "turned off" and I don't mean "turned off" by when you call the # you get his voicemail. Therefore, I believe he just used a pre-paid pay as you go phone as a means of contact to sell this vehicle and once he sold it disconnected phone service. If you would like to call the phone # to see what I mean by all means do so.... (480)267-0667

We will call the DMV today to see if they are willing to help us...because at the moment that is our only hope at this point of finding out the previous owners name and possibly an address.

As for suing...we need to find him first!!!!


I do thank you for your help and response.

[gfontane]

Spoke with an AZ DMV rep today and as I thought they cannot divulge the previous owners info due to the "privacy act".
Called the Attorney Generals office and they told us to call the police.
Here it is 5 days later and this "scam artist" is probably in Mexico by now.