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Sold Used Car Private Party, Buyer Wants Repair Costs

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lttle12y12y

Junior Member
What is the name of your state (only U.S. law)? California

Yesterday I sold my used truck to a private party buyer. We negotiated and agreed upon $1600 cash. In the Bill of Sale I stated that the truck has an exhaust leak which prevented the vehicle from passing smog, thus resulting in the sale of the vehicle without a Smog Certification as a requirement for sale and/or purchase. The Bill of Sale further states the vehicle is sold AS IS with no warranty expressed or implied. I drove the truck to the buyer's work where he test drove it. He then asked if he could take it to a muffler shop to see what it would cost to patch the exhaust leak. The muffler shop said they could fix the exhaust leak and the muffler immediately for $160, which the buyer agreed to and paid for. He had not legally purchased the vehicle yet though. After he was satisified with this, we both signed the Bill of Sale, I signed over the title, and I filled out the Notice of Transfer and Release of Liability form on the DMV website as soon as I got home. Today, the buyer called me and said he took the truck to a smog shop where they informed him that there was a bad "Spider(?)" in one of the cylinders and it would cost him around $600 to repair. I was unaware of this defect. According to him, he has to repair this before it will pass smog so he can register it in his name. He wants to me to pay for some or all of the costs. I told him not to authorize any more work on the truck until I sought legal advice. My main question is, do I legally owe him any money toward the costs of this repair, even though the Bill of Sale states AS IS and No Warranty Expressed or Implied? He test drove the truck, was satisfied with its condition, and the vehicle was sold and the appropriate paper work was signed. Any advice would be greatly appreciated!
 


BL

Senior Member
What is the name of your state (only U.S. law)? California

Yesterday I sold my used truck to a private party buyer. We negotiated and agreed upon $1600 cash. In the Bill of Sale I stated that the truck has an exhaust leak which prevented the vehicle from passing smog, thus resulting in the sale of the vehicle without a Smog Certification as a requirement for sale and/or purchase. The Bill of Sale further states the vehicle is sold AS IS with no warranty expressed or implied. I drove the truck to the buyer's work where he test drove it. He then asked if he could take it to a muffler shop to see what it would cost to patch the exhaust leak. The muffler shop said they could fix the exhaust leak and the muffler immediately for $160, which the buyer agreed to and paid for. He had not legally purchased the vehicle yet though. After he was satisified with this, we both signed the Bill of Sale, I signed over the title, and I filled out the Notice of Transfer and Release of Liability form on the DMV website as soon as I got home. Today, the buyer called me and said he took the truck to a smog shop where they informed him that there was a bad "Spider(?)" in one of the cylinders and it would cost him around $600 to repair. I was unaware of this defect. According to him, he has to repair this before it will pass smog so he can register it in his name. He wants to me to pay for some or all of the costs. I told him not to authorize any more work on the truck until I sought legal advice. My main question is, do I legally owe him any money toward the costs of this repair, even though the Bill of Sale states AS IS and No Warranty Expressed or Implied? He test drove the truck, was satisfied with its condition, and the vehicle was sold and the appropriate paper work was signed. Any advice would be greatly appreciated!
When you transfer a vehicle that is four or less model years old a smog certification is not required. (Determine the oldest-qualifying year model by subtracting three from the current year.) The four or less model years old rule does not apply to diesel powered vehicles. A smog transfer fee will be collected from the new owner . When a vehicle is more than four model years old, a seller must provide evidence of a current smog certification except when one of the following occurs:

spider injector
The transfer occurs between a spouse, domestic partner, sibling, child, parent, grandparent, or grandchild.

A biennial smog certification was submitted to DMV within 90 days prior to the vehicle transfer date (a vehicle inspection report may be required for proof of certification).
Smog certifications are good for 90 days from the date of issuance.
The buyer is asking to " help " pay the cost .

Perhaps you'd like to pay the full cost , or maybe take the vehicle back and refund the buyers money.
 

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