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Used Car Won't Pass Emissions Test Despite Seller's Claim That it Would Pass

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  • 12-12-2012, 05:51 PM
    pdxlaw
    Used Car Won't Pass Emissions Test Despite Seller's Claim That it Would Pass
    My question involves vehicle registration or title in the state of: Oregon

    My 16 year old son worked all summer to save money to buy a car. He found one on Craigslist that would fit in his price range of $3000. He and my husband test drove it and it was obvious that some after market work had been done to the car to improve it. I asked the seller straight up whether the car would pass DEQ and be able to be registered in Oregon. He said, "no problem", (of course). We bought the car with cash. A few weeks later, we took it in to the DEQ and it did not pass due to the car computer not "speaking" to the DEQ computer. We took it in to a mechanic and he said it looked like the wrong engine was put in the car, and to take it to VW mechanic. We found out today that the car will never pass DEQ, and we should just sell it as a "mechanic special." In this case, we would not get the money back that my son had worked so hard for. I am very upset about this- especially for my son to buy a first car he can't even use. He is so disappointed.:(

    I know that Craigslist sales are always cautioned, but is there anything we can do legally- since the seller knowingly sold us a car that can't pass DEQ? Do we have ANY recourse? What advice do you have?

    Thank you in advance for your help on this.
  • 12-12-2012, 06:21 PM
    jk
    Re: Craigslist- Do I Have a Case? Seller lied.
    How do you know the seller knew it wouldn't pass DEQ? Maybe he was unaware of the situation just as you were.
  • 12-12-2012, 07:14 PM
    pdxlaw
    Re: Craigslist- Do I Have a Case? Seller lied.
    Quote:

    Quoting jk
    View Post
    How do you know the seller knew it wouldn't pass DEQ? Maybe he was unaware of the situation just as you were.

    Registration was expired when we bought it, so it makes me believe that he couldn't register it. We asked about it and he said he was selling it so he didn't want to pay to register it. We asked many questions about the modifications he made to the car, and he was confident that it would pass without any problems. I realize in hindsight that there were some red flags, but he should have been honest about the work done to the car- so that we would be fairly informed that it may not pass. He also said nothing about the engine being from another car and not matching the computer. I cannot prove it, but I am certain that he knew it wouldn't pass and saw us coming....
  • 12-12-2012, 07:46 PM
    Mr. Knowitall
    Re: Craigslist- Do I Have a Case? Seller lied.
    This is entirely an Oregon transaction?
  • 12-12-2012, 07:54 PM
    jk
    Re: Craigslist- Do I Have a Case? Seller lied.
    from what I can find, emissions testing is only required in Portland area and Medford. If it runs well, maybe try to sell it outside of those areas, with proper notice of course.
  • 12-12-2012, 08:05 PM
    Disagreeable
    Re: Used Car Won't Pass Emissions Test Despite Seller's Claim That it Would Pass
    So why didn't you take it to a mechanic for inspection? Verify what the engine code was and why it was on?
  • 12-12-2012, 08:25 PM
    pdxlaw
    Re: Craigslist- Do I Have a Case? Seller lied.
    Quote:

    Quoting jk
    View Post
    from what I can find, emissions testing is only required in Portland area and Medford. If it runs well, maybe try to sell it outside of those areas, with proper notice of course.

    Thank you- this makes me feel much better. All we want for our son is a working car that is safe. If we can sell it to get at least most of our money back, it would be great. The car actually runs very well, which is why we thought it would be a good first car for him. We can put it back on Craigslist- with full disclosure of course. If other cities in Oregon don't require DEQ, that opens up some doors for sure. Thanks for your help!
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