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  1. #1
    Join Date
    May 2011
    Posts
    1

    Default Purchased a Car from Private Party That Won't Pass the Smog Check

    We purchased a car from a private party in California, owner said purchase is "AS IS". When we asked if they can get a smog chek for the car, they insisted that we don't need a smog certification because it's only a transfer of ownership, and when we asked if it will have any problems if we get get a smog check, they said that the car is in good condition and it will not have any problem if we do get a smog check.

    The following day we got a smog check and it failed. When we contacted the seller, they refused to return our money or make any negotiations regarding the car. They insisted sale was "AS IS". Nothing was signed in the process, everything was verbal agreement, we paid cash, the only thing that was signed was the pink slip.

    There are other problems regarding the sale, but I figure I'll start with this question.

  2. #2

    Default Re: Purchased a Car from Private Party That Won't Pass the Smog Check

    You're fighting an uphill battle. When private parties sell a used car, the sale is ALWAYS as-is, unless there is some specific agreement to the contrary.
    before purchase you could have asked for the current copy of smog check paperwork and make a discision from there or ask if you could take it down for testing.
    if a person say it is in good condition it don't mean it will pass a smog test. you could have taken it to your mechanic first. also look it up on the net.

    private sales between individuals in ca(Avvo) site may answer the question

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Purchased a Car from Private Party That Won't Pass the Smog Check

    Subject to statutory exceptions, the seller of a used car is required to "provide the purchaser a valid certificate of compliance or certificate of noncompliance, as appropriate". See CVC 24007(b)(1)-(2). There is no "as is" exception to that rule.

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