Used Vehicle Will Not Pass Smog Check

My question involves vehicle registration or title in the state of: california


What do i do if i recently bought a 2007 infiniti fx35 truck from the dealership but the car doesnt past the smog check the dealership sold me the truck without me knowing, they kept saying lies that my plates were on there way but i recieved a call today from the dealer telling me that they needed to do the smog check so we took to the shop and i find out the truck does not pass the test and now they are forcing me to leave the truck in dealership that they will take care of it but idont want to because i live in a city where theres alot of bad people they can pay the guy at the shop to pass the smog test this dealer is small and they want to take advantage can you please help asap thanks

It appears they are fixing the truck so it will pass smog. If you are not satisfied with the smog cert you get, get it smogged a second time.

You took the vehicle to what shop? The dealer?

Ask if the dealer will give you a loaner while they fix the truck. (There's no more reason to believe that they might pay somebody off now than there was before you bought the truck.)

I'm no expert but I live in california and have been screwed by car dealers before which compelled me to learn more about my rights and how the system works a bit so it wont happen again.
In California a car CAN'T be sold unless it passes smog. Unless of course it is sold to you with a bill of sale under non-op status.
A dealer, from my understanding, must provide you with a current smog certification at the time of sale.
So in other words, the contract is null and void. Go down there and push the dealer to "rescind", and tell him if he does "rescind" that you promise you will forget this ever happened and will not sue him. That should perk up his ears.

For reference please see www.dmv.ca.gov/vr/smogfaq.htm

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Quoting Mr. Knowitall

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You took the vehicle to what shop? The dealer?

Ask if the dealer will give you a loaner while they fix the truck. (There's no more reason to believe that they might pay somebody off now than there was before you bought the truck.)

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Actually he has every reason to believe this. If this is a slimy car salesman in California, ABSOLUTELY that is a possibility. What could happen is they get a car that passes smog, run the machines on it, and have that electronically sent to DMV.

The right approach in this is, if he doesnt want the car that is, to exercise his rights. Go down there and tell the dealer that the contract is null and void due to the fact that no smog certificate was presented at the time of sale.

You think the dealership is slimier today than it was on the day of the car sale? Please, do go right ahead and explain why you believe that to be the case.

The remedy for a violation of VC Sec. 24007(b)(2) (failure to provide the purchaser a valid certificate of compliance or certificate of noncompliance, as appropriate) would normally be the cost of repair and testing, not rescission of the contract. The dealership is offering that. If he doesn't believe that the smog test result will be valid he can retest after he gets the vehicle back. If he refuses to cooperate with the seller, and they won't give him a refund, he's going to have to deal with small claims court (and if he tries to sue for the value of the car, under the jurisdictional limit it would have to be a <$3,000 car) and trying to collect a judgment. An amicable solution is almost always preferable.

Assuming the dealer is state licensed, it's possible to file a complaint with the DMV - but that's something best done after any amicable agreement is reached and the repairs are made.

Correct, dealers are no more slimy than they used to be, so why should he NOT suspect foul play?

About the VC, Interesting, you learn something new everyday. Reading that code more, it says that "Prior to or at the time of delivery for sale". So the seller did not present the certificate 'prior' to the delivery for sale, which means the dealer can do it 'at the time of delivery for sale'. What does that exactly mean? How long does the dealer have to deliver the vehicle? At what point can it be considered a failed transaction? DMV website states "time of sale or transfer". So technically they can sell the car but as long as it passes smog at the time of transfer its ok too. They just can't deliver the vehicle nor transfer it until it passes smog. Hypothetically does this mean its ok for a dealer to hold your money paid for the vehicle, as well as hold the vehicle for an unspecified amount of time, indefinitely even, as long as the car doesnt pass smog and the dealer promises to fix it? So I can sell cars to people that fail smog, have them pay me for an agreed price, and I just store it in my backyard indefinitely with the promise that I will fix it one day? Where is the limit here? Something is missing.

What about VC 24007. (a) (1) No dealer or person holding a retail seller's permit shall sell a new or used vehicle that is not in compliance with this code and departmental regulations adopted pursuant to this code[...] So I interpret this as no sale has been made, so if no sale has been made the buyer has the right to his money and to terminate the contract.

I dont mean to hijack the thread. I'm also learning.

Thanks!

Thank you all but i have two more questions? What will happen to the down payment i gave the dealer will i lose it or get it back and also will my credit will it get ruin because i dont want the truck anymore i want to return it

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Well i really dont know what to do i went to the DMV to get a complain form but what do i write on the complain form how can i write it out because like i posted on the last thread i dont want the truck anymore i just want my downpayment back and be free from debt and not pay for 4 years,,,, i really need help and tips

A dealer who violates the terms of his license is subject to sanction by the state. Hence the suggestion of reporting the dealer's actions to the DMV.

As previously indicated, if the seller won't fix the problem then the buyer can perform the repairs and testing and sue. If the seller agrees to perform the repairs or to take the car back, there's no need for the buyer to go out of pocket or sue. But contracts don't go away all by themselves, litigants have a duty to mitigate, and lawsuits take time.

Brady123, you would have to tell us about the payment and financing. If you have the car on a down payment, with financing pending but not complete on the purchase, then you're in a much stronger position to take the car back, cancel your financing, and tell the dealer that as the car didn't pass the smog test you want them to take it back and refund your deposit. If they balk, you can sue them in small claims court. *It's not without risk to your credit record.) But if your financing is complete it's not just the deposit - you have a loan to pay off.

Well i got the truck, gave 5,000 cash as a downpayment the car is valued around 24,000 so the financing company gave me the loan i called them telling them what had happen how the dealership lied to me and sold me the truck with out the smog and thats why i cannot get my plates or title? What they told me was that they were going to investigate because i berly got the truck i have not gave my first bill to the finacing company its due on the 8 of this month so thats why i want to act before i have to pay the first month of the truck, but like i said i dont want the truck anymore because its going to benefit me in the future so i want to get rid of it...?? Another question will the dealership have to charge me for the amount of miles i used the car if i return it i really need good wise tips for all this im going through

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You paid way to much for that truck. I bought a new EOMY 2011 Silervado LTZ 4x4 ext cab for $27k 8 months ago.

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Quoting Brady123

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Another question will the dealership have to charge me for the amount of miles i used the car if i return it i really need good wise tips for all this im going through

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Most likely the dealer will charge you a rental fee on the vehicle. Be prepared for the dealer to wipe out a lot of the $5K down payment and bill you for a daily rental fee as well as mileage fees.

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

Hello, i recently purchased a vehicle, the finance company backed of the deal because the vehicle does not pass the smog check and thats how the dealer sold it to me without the smog check now the dealer has the contract what will happen does my credit still get screwd or they just repo my car and thats it for me.. I live in california i habe not made any payments yet due to that fact that i cannot get my plates from the dmv because dealer fail to take the car to the shop and fix up the issues with the car so now they have the contract what can i do what happens if they repo the car

Obviously if you don't pay for the vehicle, the dealership is going to want it back. You have indicated that you don't want the vehicle. So why are you worrying about repossession, rather than talking to the dealership and figuring out how to either buy or return the vehicle?