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Car Sold with Pending Smog

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sdsingh

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

I recently sold my car which was pending smog because 2 of the monitors didn't ran when i went to smog station. I had already paid the smog station for performing smog(Friday) and was due to get in smogged again. Meanwhile on Sunday I sold the car and mentioned to the buyer that its pending smog and payment for smog has already been done and he can go to the mechanic for getting it smogged and the smog certificate.

The buyer went at least 4 times in the past week for getting the smog done but the monitors still didn't run. He was suggested to drive the car for 50-100 miles before coming back for smog, and has driven almost 600 miles in the past week but still those monitors aren't responding. I gave the car in pristine condition(after getting it thoroughly detailed) and never had any problems with the car for the whole year i kept the car. I never heard back from the buyer for a whole week and assumed everything was fine. A week later than the sale date Smog is still pending and now the buyer says there are some problems with the Transmission as well. He is asking me to take the car back or get the car fixed else he will pull me into small claims court to do the settlement.

While doing the pink slip, i missed on having the bill of sale agreement done.

Now here are few of my questions:
1. Since the car was sold as seen, do I have any liability to either take back/repair the car for transmission issues.
2. I am working closely with the mechanic to get components/parts required to be changed for smog (excluding transmission since when it was sold there were no issues with it) and the buyer just came and took the car, without getting it checked from a mechanic etc.
3. What are my options?What is the name of your state (only U.S. law)?
 


sandyclaus

Senior Member
It sounds to me like you are right on the money with coordinating and paying for any repairs to get the car properly smogged.

As for the transmission, you are correct. The buyer has the obligation to thoroughly inspect the vehicle before buying. If they weren't mechanically inclined, then they needed to have the vehicle looked over by their own mechanic, who would have likely test-driven the vehicle and identified the issues with the transmission before the sale was completed.

The car was sold AS-IS, and with the exception of the smog issue, if they did not fully inspect and test drive the vehicle before purchase, and YOU did not provide them with anything in writing as far as a warranty or guarantee of fitness, that transmission problem is THEIRS now, and NOT yours. You have no liability or obligation to repair the transmission for them.
 

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