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  1. #1
    Join Date
    Jan 2012
    Posts
    2

    Default Bought a Car from a Private Party Did Not Pass Smog and Had Late Fees on Registration

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

    I recently purchased a 4runner for 4500 dollars. The lady who did the selling of the car was the owners daughter. She told me her mother was suffering from dementia so she was selling the car for her. She answered my questions to what she said was the best of her ability. I was told of the problems she knew of, which was a window that would not go up. She told me that they took it to a shop and the shop told them it was just a fuse, but they never got it fixed. I asked about emissions/smog, and was told that it never had a problem. I was also told the car was registered non-operational June 2011, when her mom stopped driving.

    I bought the car, then bought the carfax. Carfax shows a catalytic converter, 02 sensor, and computer system were repaired. I took the car to get smogged and it failed due to one of the catalytic converters. It was not CA legal. Got it replaced and the mechanic who replaced it told me that, that particular cat has never been legal in CA. Got the car resmogged and went to pay for title transfer. The car was never registered non operation and had back fees that I had to pay.

    I would like the party I bought the car from to pay for the late fees and catalytic converter, about 400 dollars. What are my chances in small claims court?
    I did sign a bill of sale stating I was buying the car "as-is"

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Bought a Car from a Private Party Did Not Pass Smog and Had Late Fees on Registra

    Very good. CA law requires all cars not sold as salvage pass smog. I would take a copy of the law and the bill to her first.

  3. #3
    Join Date
    Jan 2012
    Posts
    2

    Default Re: Bought a Car from a Private Party Did Not Pass Smog and Had Late Fees on Registra

    EDIT-
    Window motor is shot, it does not not work because of a fuse. However, the power door lock does not work and that is due to a bad fuse. Just another fib I was told.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Bought a Car from a Private Party Did Not Pass Smog and Had Late Fees on Registra

    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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