Used Car Sale

[jleehey]

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

I recently paid for a used car 'sold' to me by an auto mechanic. The mechanic said that he was selling the car for another guy who could not pay for the auto repair costs that the car had accumulated.

I took the car to get smogged (after paying for it), and lo and behold it failed. I know that in CA I am not liable to pay for the smog maintenance (it supposedly needs a new catalytic converter), but who am I required to ask for the money?

The mechanic had reimbursed the original owner the difference of what I paid for the car and the maintenance charges. I am now in contact with the original owner, but he says that it's the mechanics responsibility to pay, while the mechanic says it is the original owners.

The original owner signed the title, but I haven't taken it to the DMV, and no one else has either. If it comes down to it, who am I supposed to take legal action against? Who's responsible for the repairs?

 

[davidmcbeth3]

That would be the owner. Make copies of the title and include it in your complaint.

Or just ask the owner for your money back ... he can argue with the mechanic...you have a claim of the owner, not the seller/salesman

If they play games, just file for return of you monies from the owner..don't get aggravated by this.

I think in CA, if it won't pass the smog test, the title transfer can be voided ... monies returned to make everyone whole.


Once again .. do not give $$ over to the seller until you have a signed title & it is transferred over to you at DMV ... then you have the title & you pay them.

They can come to you to DMV or wait until afterwards...you have the gold, you make the rules.

 

[sandyclaus]

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

I recently paid for a used car 'sold' to me by an auto mechanic. The mechanic said that he was selling the car for another guy who could not pay for the auto repair costs that the car had accumulated.

I took the car to get smogged (after paying for it), and lo and behold it failed. I know that in CA I am not liable to pay for the smog maintenance (it supposedly needs a new catalytic converter), but who am I required to ask for the money?

The mechanic had reimbursed the original owner the difference of what I paid for the car and the maintenance charges. I am now in contact with the original owner, but he says that it's the mechanics responsibility to pay, while the mechanic says it is the original owners.

The original owner signed the title, but I haven't taken it to the DMV, and no one else has either. If it comes down to it, who am I supposed to take legal action against? Who's responsible for the repairs?

The mechanic was never the owner of the vehicle, only an agent of the owner to assist him in selling it.

Since title never passed between the the original owner and the mechanic, then it's the owner who is responsible for ensuring that the vehicle had a current smog certification before selling it:

According to the CA DMV website:

When you transfer ownership of a vehicle that is four or less model years old, a smog certification is not required; however, a smog transfer fee is collected from the new owner. When a vehicle is more than four model years old, the seller is required to obtain smog certification when transferring ownership of a vehicle UNLESS certification was obtained within the last 90 days or the vehicle is:

• Hybrid
• 1975 year model or older
• Diesel powered
• Electric
• Natural gas powered and has a gross vehicle weight rating (GVWR) of 14,001 lbs. or more
• Motorcycle
• Trailer
• Vessel
• Being transferred between family members (spouse, domestic partner, parent, child, sibling, grandparent, or grandchild) or by court order. A Statement of Facts form (REG 256)(PDF) must be completed for the exemption; however, if registration renewal fees are due, the smog exemption may not apply.

Basically, since the vehicle didn't pass the smog test, and the original owner never provided a current valid smog certificate on the vehicle he sold, there are three options are available to OP:

• OP can rescind the sale (because the owner sold him a vehicle that would not pass the required smog test and did not provide a current smog certificate);
• the owner can pay for the repairs needed in order to obtain a current smog certificate; or
• the owner can negotiate a partial refund of the the purchase price equal to the cost of repairs needed in order to pass a smog test and obtain a current smog certificate

 

[jleehey]

Thank you for your quick responses, this site is great!

sandyclaus, in regards to your comment:

Since title never passed between the the original owner and the mechanic, then it's the owner who is responsible for ensuring that the vehicle had a current smog certification before selling it...

The title paper was given from the owner to the mechanic, which the mechanic then handed off to me with no one but the owner signing it. Is this ok? I have never actually met the original owner in person.

 

[sandyclaus]

Thank you for your quick responses, this site is great!

sandyclaus, in regards to your comment:



The title paper was given from the owner to the mechanic, which the mechanic then handed off to me with no one but the owner signing it. Is this ok? I have never actually met the original owner in person.

Then how do you know that the actual owner even signed the title? I'd ask to speak with the original owner directly. If they legitimately signed over the title to the car to you, then they are the ones who are responsible. If the mechanic refuses, then you might consider contacting the police to see if that mechanic has a habit of selling other people's cars without their permission.

 

[Zigner]

Please cite something to show that rescission of the sale is an option in CA when the vehicle doesn't pass the SMOG check.