Car won't pass smog

[quietime2409]

What is the name of your state? California
My daughter bought a car from a private party. The car won't pass smog. She called the seller and asked if he could advise what might be causing a problem. He was very rude and said "I sold the car as is and stated you are responsible for the smog. I was a cop I know about these things." We put 200.00 more dollars into a tuneup and oil change. After the oil change the car smokes horribly. Looks like he had an additive to keep it from smoking. The last estimate is a new engine or total rebuild. (500.00 to 700.00). California law says the seller is responsible for the smog. Any suggestions on what to do?
Can we sue in small claims for all expenses incurred? Paid 950.00 for the car plus 200.00 in repairs, 30.00 for the smog check, plus change of ownership and registration fees.

Thanks

 

[djohnson]

If this is a used car and bought as is then she has got what she paid for, a good lesson. It would be the buyers responsibility to check it out or have the vehicle checked out prior to purchase.

 

[Skylyn]

You don't get much for $900 (car wise). However, some auto shops sell products that you can add to the fuel which will get the car past most smog tests (it doesn't "fix" the problem and is just temporary).

 

[quietime2409]

I do agree usually it's the buyer beware for purchases especially from private parties.
In the State of California the person selling the car is responsible for the car passing smog. Most people just don't pursue it. I was just wondering if we can ask to be reimbursed for the other expenses not just the price paid for the car when we file in small claims.

 

[Halabalu]

Great thread! CA

Anyone have more information on this subject?