shady smog in california

[tbartlow54]

california hi. I am in california. my boyfriend and I bought a car in july 2011 from a dealer. We have had problems from the moment we got it home. I didn't have an inspection done before i bought it because the dealership refused to let me take it to my mechanic because it was a couple of miles away. we had it inspected the next day and it had several problems. The serpentine belt needed to be replaced. the brakes were under spec so I am not sure how they passed the safety check. there was like 2 cups of dog food in the air filter compartment. the trunk board was missing. the tires were bad ect. a week later the check engine light came on like they turned it off just to sell it to us. So here we are 2 years later. we only owe 1 more payment and it is time to smog. we spent over 400 dollars to get the check engine to stay off. i took it to smog last week and it passed all emissions tests but failed the visual inspection due to the fact that someone had cut out half of the catalytic converter and welded a straight pipe in its place and the one that is on there is not legal anyway. my question is what if anything can i do? I have filed a report with the BAR and they are going to investigate but they said I will probably have to take someone to court. I believe that the smog place illegally passed the car. I talked to another smog guy in town who said that he has failed cars and then they passed them. very shady. I also don't know if the car dealership is in on it. Please help.

 

[Zigner]

Two years later - it's your car.

 

[BL]

You should have dealt with the issues two years ago.

You bought it . You could have had it re-inspected by a manufacture's approved repair facility ( dealer/repair ).

Instead you sat on known issues and unknown issues for 2 years.

Anything could have happened in those two years.

You have no proofs per your posting.

Fix it if you want to drive it.

 

[sandyclaus]

california hi. I am in california. my boyfriend and I bought a car in july 2011 from a dealer. We have had problems from the moment we got it home. I didn't have an inspection done before i bought it because the dealership refused to let me take it to my mechanic because it was a couple of miles away...

So you failed to complete an inspection before you bought the car. Why didn't you ask the mechanic to come to you? That would have solved a multitude of problems.

But I digress...

...we had it inspected the next day and it had several problems. The serpentine belt needed to be replaced. the tires were under spec so I am not sure how they passed the safety check. there was like 2 cups of dog food in the air filter compartment. the trunk board was missing. the brakes were bad ect...

So you ended up getting it inspected AFTER you bought the vehicle. Sold "AS IS", I take it? As I'm sure you realize now, these are all things that would have been discovered by the mechanic had you had him come to you before you finalized your purchase.

... a week later the check engine light came on like they turned it off just to sell it to us...

So you claim. Or, the vehicle may just have given out between the time you drove it off the lot and when you got it inspected.

...So here we are 2 years later. we only owe 1 more payment and it is time to smog. we spent over 400 dollars to get the check engine to stay off. i took it to smog last week and it passed all emissions tests but failed the visual inspection due to the fact that someone had cut out half of the catalytic converter and welded a straight pipe in its place and the one that is on there is not legal anyway. my question is what if anything can i do? I have filed a report with the BAR and they are going to investigate but they said I will probably have to take someone to court. I believe that the smog place illegally passed the car. I talked to another smog guy in town who said that he has failed cars and then they passed them. very shady. I also don't know if the car dealership is in on it. Please help.

What would you like to have happen here?

The vehicle is now two years old, and everything you've mentioned could have been easily and quickly discovered by a pre-purchase mechanical inspection. After two years, they could easily come back and say that YOU made those modifications to the catalytic converter during the time you had it.

In order to prevail, you'd have to prove that the vehicle was this way when you bought it. If it was, then why did the mechanic not see these issues when THEY inspected it two years before?

You're not getting your money back, and any complaint to the BAR is probably going to be unsubstantiated. This is what happens when you fail to get the vehicle inspected prior to purchasing, and waiting until the last minute to do things.

Enjoy the vehicle.

 

[BL]

Quote Originally Posted by tbartlow54 View Post

...we had it inspected the next day and it had several problems. The serpentine belt needed to be replaced. the tires were under spec so I am not sure how they passed the safety check. there was like 2 cups of dog food in the air filter compartment. the trunk board was missing. the brakes were bad ect...

OK , I missed this part.

Was this inspection done by a reputable mechanic/repair facility and did they note it in their letterhead. Estimate for repairs?

If not , your out of luck.

If so, as long as the statutes of limitations to sue haven't run out ,you might be awarded for safety issue repairs.

Forget about the converter/pipes , too much time has passed and no proofs it was like this when you bought it.

 

[sandyclaus]

OK , I missed this part.

Was this inspection done by a reputable mechanic/repair facility and did they note it in their letterhead. Estimate for repairs?

If not , your out of luck.

If so, as long as the statutes of limitations to sue haven't run out ,you might be awarded for safety issue repairs.

Forget about the converter/pipes , too much time has passed and no proofs it was like this when you bought it.

To my knowledge, California doesn't recognize "safety issue repairs" as valid grounds to award a judgment for the cost of those repairs. They DO require that the seller have a current smog inspection done (no more than 90 days prior to the sale date). Since the vehicle had a current smog, that requirement was already met. Any other repairs of a nature that affected safety should have been caught in a pre-purchase inspection, if one was done - and if not, then it falls under "buyer beware".

 

[Zigner]

OK , I missed this part.

Was this inspection done by a reputable mechanic/repair facility and did they note it in their letterhead. Estimate for repairs?

If not , your out of luck.

If so, as long as the statutes of limitations to sue haven't run out ,you might be awarded for safety issue repairs.

Forget about the converter/pipes , too much time has passed and no proofs it was like this when you bought it.

What "safety issues"? The OP has only spoken of normal wear & tear items. Belts, tires, brakes, etc. are all items that will need to be replaced during the ownership of a car. Furthermore, except for the belts and brakes (depending on symptoms0, they are things that should have been noticed by even a non mechanically-inclined person during the test drive.

 

[BL]

To my knowledge, California doesn't recognize "safety issue repairs" as valid grounds to award a judgment for the cost of those repairs. They DO require that the seller have a current smog inspection done (no more than 90 days prior to the sale date). Since the vehicle had a current smog, that requirement was already met. Any other repairs of a nature that affected safety should have been caught in a pre-purchase inspection, if one was done - and if not, then it falls under "buyer beware".

https://www.dmv.ca.gov/vehindustry/ol/ol_handbooks/ol40.pdf

We are talking dealer here ,not private.

Consumer protection.

You guys are not reading what I typed.

If in facts these mentioned alleged defects by the poster and under Consumer protection existed and were well documented , the first thing that should have been done is to contact the dealer to fix the issues.

If the dealer refused ,that was the time to take further action.

If a reputable inspection/estimate were done right after ( documented so ) , the buyer may still have recourse.

I doubt it was documented though , so the buyer eats the cost.

 

[Zigner]

https://www.dmv.ca.gov/vehindustry/ol/ol_handbooks/ol40.pdf

We are talking dealer here ,not private.

Consumer protection.

You guys are not reading what I typed.

If in facts these mentioned alleged defects by the poster and under Consumer protection existed and were well documented , the first thing that should have been done is to contact the dealer to fix the issues.

If the dealer refused ,that was the time to take further action.

If a reputable inspection/estimate were done right after ( documented so ) , the buyer may still have recourse.

I doubt it was documented though , so the buyer eats the cost.

Documented or not, the "defects" the OP has complained about are WEAR AND TEAR items. The dealer would have no obligation to repair them unless it was negotiated and mentioned in the contract. Except, of course, for the catalytic converter which the OP has certainly waited too long to do anything about and would have no way of proving they didn't do themselves.

 

[BL]

Documented or not, the "defects" the OP has complained about are WEAR AND TEAR items. The dealer would have no obligation to repair them unless it was negotiated and mentioned in the contract. Except, of course, for the catalytic converter which the OP has certainly waited too long to do anything about and would have no way of proving they didn't do themselves.

I believe the underlined is wrong.

https://www.dmv.ca.gov/vehindustry/ol/ol_handbooks/ol40.pdf

Consumer protection . DMV roles.

B ) Mechanical Condition .

Dealers offering in violations falls under consumer protection.

Since it mentions DMV , if the defects were documented shortly after purchase , I believe DMV would have a complaint form and a hearing could be held and a dealer fined and ordered to pay estimated repairs covered under consumer protection ,as in my State.

I have done this ,although filed in small claims ,so DMV could not order the dealer to pay repairs .

The dealer was fined however.

 

[tbartlow54]

I guess I should have mentioned that my complaint with the bar is not againsed the car lot but againsed the smog shop that passed the car illegally. I got the printout from the dealer that shows the car passing even though it had this illegal modification. I know I might not get any help to repair this problem but at very least this smog shop will be investigated and maybe I will have helped stop them from doing this to someone else.
also I do have all mechanic paperwork showing the safety issues. I have everything we have ever done to it

 

[Zigner]

I guess I should have mentioned that my complaint with the bar is not againsed the car lot but againsed the smog shop that passed the car illegally. I got the printout from the dealer that shows the car passing even though it had this illegal modification. I know I might not get any help to repair this problem but at very least this smog shop will be investigated and maybe I will have helped stop them from doing this to someone else.
also I do have all mechanic paperwork showing the safety issues. I have everything we have ever done to it

WHAT safety issues?

 

[tbartlow54]

the brakes were under spec. the inspecting mechanic said that they should never have passed a safety inspection. I get the feeling that the people on this site aren't really trying to help but instead just like trying to make other people feel stupid

 

[Antigone*]

california hi. I am in california. my boyfriend and I bought a car in july 2011 from a dealer. We have had problems from the moment we got it home. I didn't have an inspection done before i bought it because the dealership refused to let me take it to my mechanic because it was a couple of miles away. we had it inspected the next day and it had several problems. The serpentine belt needed to be replaced. the brakes were under spec so I am not sure how they passed the safety check. there was like 2 cups of dog food in the air filter compartment. the trunk board was missing. the tires were bad ect. a week later the check engine light came on like they turned it off just to sell it to us. So here we are 2 years later. we only owe 1 more payment and it is time to smog. we spent over 400 dollars to get the check engine to stay off. i took it to smog last week and it passed all emissions tests but failed the visual inspection due to the fact that someone had cut out half of the catalytic converter and welded a straight pipe in its place and the one that is on there is not legal anyway. my question is what if anything can i do? I have filed a report with the BAR and they are going to investigate but they said I will probably have to take someone to court. I believe that the smog place illegally passed the car. I talked to another smog guy in town who said that he has failed cars and then they passed them. very shady. I also don't know if the car dealership is in on it. Please help.

Keep enjoying and paying for the repairs on your klunker. Your fault for purchasing the heep. You could have walked away the moment they would not allow you to take the car for an inspection but you didn't. Bad choice.

 

[Zigner]

the brakes were under spec. the inspecting mechanic said that they should never have passed a safety inspection. I get the feeling that the people on this site aren't really trying to help but instead just like trying to make other people feel stupid

Not trying to make you feel stupid. Rather, I'm trying to make you understand. Brake replacement are part of normal maintenance for a vehicle.