I bought a used car in VERY bad shape...

[housemouse]

What is the name of your state?I am in California. We just bought a 1990 BMW. When we took the car for a smog check we found out it had major front end damage. The front end had been messed up and repaired with the wrong parts and some of it not repaired at all. When we confronted the seller about this issue, he said he knew nothing of it. He admits to having a problem with the power steering fixed two weeks ago, but swears they said nothing about the issues with the front end. I asked him for the name and number of the mechanic who did the repair but he refuses to give it to me, claiming he doesn't want to get them involved in a "potential legal issue." He says they did exactly what he told them to. We think they told about the problems with the front end and how much it would cost to have them fixed, and rather than pay for the repairs, he dumped the car.

We understand we jumped too quickly by purchasing the car without a mechanic's inspection, however the garage we took it to said the car was unsafe to drive and was an accident looking for a place to happen. I am wondering if on those grounds, that he knowingly sold us a very dangerous vehicle, we could sue him to pay for the repairs, or at least to make up for our emotional distress. Also, do we have any grounds to force him to give us the name of the mechanic?

Before I get in to filing in small claims court, I would like to know whether I would have a leg to stand on. Any input is appreciated. Thank you.

[You Are Guilty]

Did it pass smog?

[housemouse]

$300 and a new oxygen sensor later, it passed smog.

[sukharev]

There is a lemon law, but I think it only applies to new car purchases. If you agreed to purchase the car AS IS, there is nothing you can do, it's yours to fix.

[You Are Guilty]

Originally Posted by sukharev

There is a lemon law, but I think it only applies to new car purchases. If you agreed to purchase the car AS IS, there is nothing you can do, it's yours to fix.

Normally, yes, but CA (and CT) has an exception for used cars. In CA, used cars must pass smog, or else the seller is responsible for paying for the repairs to make them pass. Assuming the car didn't come with a written warning that it wouldn't pass smog, then you will probably be able to recover the $300 repair cost in small claims.

I am sure one of our handy CA friends will be by shortly to post the specific statute.

[john123456]

Originally Posted by You Are Guilty

Normally, yes, but CA (and CT) has an exception for used cars. In CA, used cars must pass smog, or else the seller is responsible for paying for the repairs to make them pass. Assuming the car didn't come with a written warning that it wouldn't pass smog, then you will probably be able to recover the $300 repair cost in small claims.

I am sure one of our handy CA friends will be by shortly to post the specific statute.

Vehicle Code section 24007 (b)(2)

(2) Prior to or at the time of delivery for sale, the seller shall
provide the purchaser a valid certificate of compliance or
certificate of noncompliance, as appropriate, issued in accordance
with Section 44015 of the Health and Safety Code.

[url]http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=23001-24000&file=24000-24018[/url]

Send the seller a written demand (CRRR) to recover your $300. If that fails, file a suit in small claims.

[You Are Guilty]

Better late than never

Thanks.

[stephenk]

you can also request a vehicle history from the DMV. it will reveal prior owners of the vehicle and you may find out if the car was salvaged prior to your purchase. Was the seller the original owner of the car?

[teflon_jones]

Originally Posted by housemouse

We understand we jumped too quickly by purchasing the car without a mechanic's inspection, however the garage we took it to said the car was unsafe to drive and was an accident looking for a place to happen. I am wondering if on those grounds, that he knowingly sold us a very dangerous vehicle, we could sue him to pay for the repairs, or at least to make up for our emotional distress. Also, do we have any grounds to force him to give us the name of the mechanic?

If you understand that you "jumped too quickly", then you should also understand that you have no recourse. You bought a used car without having it inspected. Caveat Emptor!

The fact that the car didn't pass smog is another matter. You should be able to recover the $300 from the seller.