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  1. #1
    Join Date
    Apr 2012
    Posts
    4

    Default Dealership Sold a Car That Does Not Pass State Emissions Testing

    My question involves a consumer law issue in the State of: Washington
    My husband purchased a 2004 Audi A4 from GT Auto Sales in Tacoma. To keep this long story short and to the point. We took the car to our mechanic the following day after purchase. There were lots of problems with it. We were told that it would not pass state emissions testing. My husband tried to return the car as the saleman told him he could do. No such luck. GT Auto Sales had their mechanics fix the problems, but said we'd have to pay half. We felt stuck and so we paid our half of $518. Following the repairs the check engine light was still on. The car did not pass emissions testing. I called the dealer back. They apologized and said they'd have someone call us right back, but they did not. That was today.

    Our mechanic has advised us to contact the Attorney General.

    Before we pump more money into this car, should I continue to pursue the dealership? Or are we out of luck, because the car was sold AS IS?

    I'd appreciate any suggestions. Thanks so much.

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

    Default Re: Is It Legal for a Dealership to Sell a Car That Does Not Pass State Emissions Tes

    According to the state, you are responsible, if the vehicle is a 2008 or older. You should have taken it to the mechanic before buying it. The check engine light should have been a red flag. Your recourse if you cannot get it to pass, is to sell it out of state.




    http://www.dol.wa.gov/vehicleregistration/cleancar.html

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

    Default Re: Dealership Sold a Car That Does Not Pass State Emissions Testing

    Did you purchase the car in King, Pierce, Snohomish, Clark or Spokane County? If so, did the vehicle purchase order form you signed when you purchased the vehicle include the language described in this statute?
    Quote Quoting RCW 70.120.190. Used vehicles.
    (1) Motor vehicle dealers selling a used vehicle not under a new vehicle warranty shall include a notice in each vehicle purchase order form that reads as follows: "The owner of a vehicle may be required to spend up to (a dollar amount established under RCW 70.120.070) for repairs if the vehicle does not meet the vehicle emission standards under this chapter. Unless expressly warranted by the motor vehicle dealer, the dealer is not warranting that this vehicle will pass any emission tests required by federal or state law."

    (2) The signature of the purchaser on the notice required under subsection (1) of this section shall constitute a valid disclaimer of any implied warranty by the dealer as to a vehicle's compliance with any emission standards.

    (3) The disclosure requirement of subsection (1) of this section applies to all motor vehicle dealers located in counties where state emission inspections are required.

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