Used Car Won't Pass Smog Test

[Who'sThatGuy]

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.

Did you call the police?

What did they say?

[Mr. Knowitall]

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

No, you don't - you can file a "John Doe" complaint and amend when you identify him, and use the court's subpoena power to try to get cell phone records and registration history from the DMV. The unfortunate part is, although I haven't researched your state, you probably cannot do that in small claims court.

However if the police investigate the matter, rather than shrugging it off as a civil matter, they will be able to obtain all of that information for their investigation, much more quickly and easily than you could obtain it yourself.

[gfontane]

The office of the dept. in which we need to speak with was closed by time my friend was able to go down (after work) and file a report.... so, he will call tomorrow and see if they can/will take a report over the phone and if they won't then he will have to take time off work to go down and file in person.

Mr. Knowitall...

We are hoping that it is possible to file a complaint/report with the police and will be able to do just as you said.

Thank you again for the info and the help.

[gfontane]

Mr. Knowitall...

This is more than a matter of just suing this "scam artist"....I want if at all possible "criminal" charges filed against him. Who knows if this guy has done this before or/and will do it again. He probably bought this car at an auction for a few hundred dollars...ran an ad on Craigslist.com that was misleading and sold this car to my (trusting) friend who believed what this guy told him...that the car belonged to his mother and she doesn't drive much now and needed to sell it. My friend had no idea that this car would fail emissions and was totally shocked when he took it to have a diagnostic test done finding that he got more than he bargained for...especially now that the "seller" can no longer be contacted at the phone # he was using prior to selling the car. THIS GUY FULLY INTENDED TO PULL A SCAM AND BY ALL MEANS DID SO!!!! He should be arrested and put in jail.

My friend is by far losing much more than the $3000 he paid for the car as he has already had to pay $100 for the diagnostic testing and will probably have to pay for the repairs which is another $1000 to replace the computer and is losing time and money from work as this vehicle is his only means of transportation at the moment... because the car won't pass emissions it only has 30-day tags on it and it will take some time for my friend to save the money for the repairs needed for this car to pass emissions.

It is appalling that people get away with doing this and it is a shame that people like my friend seem to have no legal recourse when it comes to dealing with "private" sellers... only with actual dealerships do the so-called "lemon laws" apply.

[gfontane]

DOES THIS RULE APPLY IN ARIZONA AS WELL AS CALIFORNIA???...

When a used vehicle is sold in California, the seller is legally responsible for making sure that the vehicle's emission (smog) control equipment complies with state requirements. There is no provision in the law allowing a seller to sell a vehicle "as is." The buyer must submit the certificate of compliance (smog certificate) to the Department of Motor Vehicles (DMV) when transferring registration of the vehicle. Without the smog certificate, the transfer of ownership cannot be completed.

[Who'sThatGuy]

Are you in AZ or CA?

Are you saying your friend is from CA and he bought a car from someone in AZ?

You may also want to check with the state, they will help repair a smog related items if your income is under a certain level.

http://www.bar.ca.gov/80_BARResource...CAP%20FAQs.pdf

[gfontane]

My friend is originally from Fresno, CA and had moved out to Phoenix, AZ a few years ago.... then briefly went back to CA from AZ for about 6 months or so...decided to recently move back to AZ and rented a car a week ago to make the move back to AZ. He was in need of a vehicle as he had to return the rental car back to the airport by Dec. 24 (Christmas Eve). So, he answered a posting on Craigslist.com for a 2001 PT Cruiser for sale in AZ. My friend purchased this 2001 PT Cruiser from someone in AZ.

[Who'sThatGuy]

Then the seller of the vehicle would not have to comply with any state rules in CA.

[gfontane]

Who'sThatGuy...

Thank you ever so much for the California link to the Bureau of Automotive Repair....but is there one for the state of Arizona and do they also help people with certain income levels as well?

I will take any and all help that I can get from anyone in this matter.

I am sorry and maybe I wasn't very clear but...my question is that I was wondering if that was also a state rule in AZ. I know some states do not require emissions testing and since CA is a state that does and this rule applies...would a rule like this also apply in the state of AZ?

[Who'sThatGuy]

Not sure, but call this number and see if they can help. (877) 692-9227