Bad Motor in Used Car Purchased

[DesertCAT]

What is the name of your state? CA

We purchased a used vehicle from an individual. At the time we were told that it had recently passed smog. (California requires seller to have vehicle smogged no more than 90-days prior to sale). Went to register the vehicle and found out it had not been done within the 90-days. I had it smogged and it did not pass. Found out the motor was bad. Contacted seller who was unwilling to work it out or take it back. Stated is was sold "as is". The only document signed was the title, no contract stating we were purchasing it as is. Does implied warranty apply when purchasing a used vehicle from an individual?

We have since found out that when the seller purchased the vehicle they knew it needed a new motor.

Thanks for any information or links you can provide.
CAT

[I AM ALWAYS LIABLE]

Originally Posted by DesertCAT

What is the name of your state? CA

We purchased a used vehicle from an individual. At the time we were told that it had recently passed smog. (California requires seller to have vehicle smogged no more than 90-days prior to sale). Went to register the vehicle and found out it had not been done within the 90-days. I had it smogged and it did not pass. Found out the motor was bad. Contacted seller who was unwilling to work it out or take it back. Stated is was sold "as is". The only document signed was the title, no contract stating we were purchasing it as is. Does implied warranty apply when purchasing a used vehicle from an individual?

We have since found out that when the seller purchased the vehicle they knew it needed a new motor.

Thanks for any information or links you can provide.
CAT

My response:

Look up the phrase CAVEAT EMPTOR using the search function of this site. It applies to you.

You may be able to obtain the cost of your smog check by filing a Small Claims action - - but that would be the most, and the extent of your claim.

IAAL

[DesertCAT]

Let me make sure I understand this:

A "dealer" cannot sell you a car with motor damage without disclosure but a private seller can? Any idea where I might find this in the Vehicle Code; where does it state that private seller sales are "as is" sales?

What about VC Section 24007?

[I AM ALWAYS LIABLE]

[quote=DesertCAT]Let me make sure I understand this:

A "dealer" cannot sell you a car with motor damage without disclosure

MY RESPONSE: Oh, really? That's news to me! Where did you get that tid-bit of information?


but a private seller can?

MY RESPONSE: Apparently, you didn't read about "Caveat Emptor" or you wouldn't be asking this question. A cause of action would not lie in favor of a buyer of property against a previous owner because, under the doctrine of "caveat emptor," sellers are not liable to their buyers for the condition of the property existing at the time of transfer absent express agreement - -i.e., unlike "innocent third parties," the buyer could have inspected the property or insisted on a warranty"





Any idea where I might find this in the Vehicle Code; where does it state that private seller sales are "as is" sales?

MY RESPONSE: It's not in the "Vehicle Code". It's "case law" that says in the absence of a guarantee or warranty, a private seller does not make any implied or express assurances of the nature of the vehicle. That's why California follows "caveat emptor".



What about VC Section 24007?

MY RESPONSE: What about it? That has to do with "licensed vehicle dealers". You said your bought your car from "an individual"; i.e., a private party seller. Section 24007 does not apply.

IAAL

[DesertCAT]

Although most of section 24007 is in regards to dealers the following section is for ALL sales.

(b) (1) Except as provided in Section 24007.5, no person shall sell, or offer or deliver for sale, to the ultimate purchaser, or to any subsequent purchaser a new or used motor vehicle, as those terms are defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, subject to Part 5 (commencing with Section 43000) of that Division 26 which is not in compliance with that Part 5 and the rules and regulations of the State Air Resources Board, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.

My understanding of "Case Law" here in San Bernardino County is that ANY vehicle that is sold without a current smog certificate (90-days) and an agreement was not made releasing the seller from responsibility to have the vehicle smogged the court will order the seller to do one of two things; pay to have the vehicle fixed so that it will pass smog inspection or two buy back the vehicle.

I will be filing my case tomorrow; I'll keep you posted.

CAT

[I AM ALWAYS LIABLE]

[quote=DesertCAT]Although most of section 24007 is in regards to dealers the following section is for ALL sales.

(b) (1) Except as provided in Section 24007.5, no person shall sell, or offer or deliver for sale, to the ultimate purchaser, or to any subsequent purchaser a new or used motor vehicle, as those terms are defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, subject to Part 5 (commencing with Section 43000) of that Division 26 which is not in compliance with that Part 5 and the rules and regulations of the State Air Resources Board, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.

MY RESPONSE: That ENTIRE code section has to do with licensed "dealers", not private parties. As defined, the "person" the code refers to is a licensed corporation or person who holds a retailer's license. You missed the very first sentence of 24007, which says: "24007. (a) (1) No dealer or person holding a retail seller's permit . . ."

Simply, 24007 is inapplicable to your situation because your seller is a private party - - not a "retail seller" as defined by the code. Since you failed to have the vehicle's mechanics inspected by your own mechanic prior to putting your money on the table, you are subject to the defense of Caveat Emptor.




My understanding of "Case Law" here in San Bernardino County

MY RESPONSE: There is no such thing as "Case Law" in San Bernardino County. The codes and case law are for ALL of California.




is that ANY vehicle that is sold without a current smog certificate (90-days) and an agreement was not made releasing the seller from responsibility to have the vehicle smogged the court will order the seller to do one of two things; pay to have the vehicle fixed so that it will pass smog inspection or two buy back the vehicle.

MY RESPONSE: That's what I told you above. That's your only cause of action. You can take the seller to court for failure to comply with State smog requirements. Sure, he'll be forced to pay for the smog repair and smog certificate - - but he won't be ordered to buy back the vehicle because he's not a "dealer".



I will be filing my case tomorrow; I'll keep you posted.

MY RESPONSE: Okay, if you feel it's necessary.

IAAL

[DesertCAT]

I've been advised that Section 24007 (Responsibility of Dealer or Other Person Selling Motor Vehicle) is not just for Dealers.

Well the "smog repair" is substantial, the vehicle needs a new motor. I should have said the seller will be given the option; no he will not be ordered to buy back the vehicle

Maybe a $2500 repair would not be worth it to you but it is to us.

I greatly appreciate your willingness to post your views and interpretation of the law; however, it's delivery I feel is down right rude. I see from many of your almost 30,000 post this is the norm; why the attitude IAAL?

Have a GREAT day.
CAT

[I AM ALWAYS LIABLE]

[quote=DesertCAT]


I've been advised that Section 24007 (Responsibility of Dealer or Other Person Selling Motor Vehicle) is not just for Dealers.

MY RESPONSE: By whom? Can you cite any California authority for that advice or proposition; i.e., Case law?



I greatly appreciate your willingness to post your views and interpretation of the law; however, it's delivery I feel is down right rude. I see from many of your almost 30,000 post this is the norm; why the attitude IAAL?

MY RESPONSE: I'm gruff, but loveable.

IAAL