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  1. #1
    Join Date
    Oct 2019
    Posts
    1

    Angry Used Car/Private Seller/Won't Pass Smog/Mistakes

    My question involves vehicle registration or title in the state of: CA
    My Question: As the buyer of a car that wont pass smog, and it turns out the engine is blown and seller says 'I'm not refunding you' ...
    DESPITE BUYER MISTAKES WHAT LAWS is the SELLER VIOLATING that BUYER can take SELLER to court for a refund?

    Here are details -

    Bought used car from Private Seller.
    Seller says car should pass smog fine.
    Cash, Title and bill of sale are exchanged.
    Seller says he did not re-smog when due b/c he knew he would be selling the car.
    SELLER does not provide any type of smog certificate. Buyer did not ask for a certificate.

    Buyer does not realize bill of sale signature is NOT same name as on Title.
    Because of traveling reasons, Buyer does not attempt to smog the car until 2 weeks after purchase. Car does not pass smog.
    Buyer takes car to mechanic who says engine is blown and needs rebuilt.
    Buyer calls seller and asks for refund; Seller says no, you've had the car for 2 weeks.


    Given the buyers' missed clues of a bad vehicle during the purchase and everyone on the internet quoting Section B of the CAL. Veh. Code that I'm sure you have discovered (but what does that mean in this case?) what LAWS is the seller violating that I can contact SELLER telling them that they have violated the laws as to which the BUY can claim as basis for small claims court demanding refund?

    Clark.

  2. #2
    Join Date
    Jun 2017
    Location
    California
    Posts
    423

    Default Re: Used Car/Private Seller/Won't Pass Smog/Mistakes

    Lesson learned--NEVER buy a used car without having it checked out by a mechanic of your choosing. As to the smog, you can rescind the sale. Under Section 24007 (b)(2) of the California Vehicle Code the seller must provide you with a valid smog certificate that the car passed no longer than 90 days before or during the sale of the vehicle.

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