Old Car and the 'AS IS' condition

[Dirtman1]

What is the name of your state? California
I bought a used 'unclaimed' car from a towing company who had previously impounded the vehicle. While I realize the car is old, my expressed concerns when I bought the vehicle is that it passes the smog test so I can get it certified during the ownership transfer.

The seller assured me that the only thing wrong with the car, aside from being 'old', is that it only needs a minor calibration of the air/fuel mix ratio. At worst, a tune-up.

Upon brining it to a mechanic, I was advised that the car was so badly in need of major repairs that it can't even come close to getting it (smog) tested. Both the mechanic and the Department of Motor Vehicle told me that in California, the seller bears the responsiblity of getting the smog certificate upon sale of the vehicle. They advice I bring it back to the seller to get it done, or try to get my money back.

Seller would have none of it and tells me he isn't giving me my money back since I signed an "AS-IS" document, but he instructed me to bring the vehicle back and he will try to fix the problem so I can get it smogged.

I brought the vehcile back to him last July 3rd, he still have not done anything with it up to today, and he's been very belligerent everytime I called to inquire.

What are my rights/options?

[JETX]

The following is from the CA Consumer Affairs website:

Q: Who is responsible for obtaining a Smog Check when a vehicle is sold?
A: Section 24007 (b)(2) of the Vehicle Code states it is the responsibility of the seller to provide a valid smog certificate at the time of delivery of the vehicle. There is no provision in the law to sell a vehicle "as is."

Q: I just purchased a vehicle and the seller did not provide a Smog Check. The vehicle needs expensive repairs in order to pass. What should I do?
A: Go back to the seller, inform them about Vehicle Code section 24007 (b)(2), and try to work things out amicably. If that fails, you have the option to pay for the repairs and the Smog Check yourself, and then take the seller to Small Claims Court to recover your costs. Although the law clearly supports the buyer, collecting on a small claims judgment can be difficult, so the amicable solution is usually best. If the seller is a state-licensed auto dealer, buyers have the additional option of filing a complaint with the DMV, which regulates new- and used-car dealers.
[url]http://www.smogcheck.ca.gov/stdpage.asp?Body=/GenInfo/OtherInfo/Frequently_Asked_Questions_Part_1.htm[/url]

The fact that this is very likely a salvage vehicle may affect the accuracy of this answer.

[Dirtman1]

JetX-

Thank you so much for the information...I am reading up on the VHC 24007 soon after I send this reply in.

Regards-

[Dirtman1]

Hello-

I'm not sure if this will be helpful, but I am contributing to this thread again as a capper to this particular case. I eventually filed a lawsuit in small claims to get this matter resolve and have received a court decision.

My lawsuit was based on representation to swindle by the person that sold me my vehicle. Upon agreement back in July 3, 2006; the seller asked me to bring back the vehicle so that he can fix it to allow me to get the smog inspected and certified. He had the vehcile for almost two months but never did fix it. He moved without letting me know until the last two days asking me to get the vehicle since they are vacating the place. By the time, end of August, I had already filed for the suit.

My basis of argument is VC 24007 - 2(b).

The presiding judge was actually a temporary judge, thus the decision didn't come until a few day later in a mail.

The judge decided that the buyer is NOT liable for anything and thus do not owe me any monies I was suing for. Which are the payment, the insurance coverage premium, the registration fee.

The basis of the judge's decision was something about that he termed OPG (?), whereby certain entities are allowed by the government to sell a vehicle without having to get the proper smog certification during the sale. The seller in my case was a Towing Company, and the vehicle he sold to me was actually a previously towed, abandoned, and unclaimed vehicle.

I still feel strongly about my case since the seller misrepresented the sale by saying I won't have problems getting it smog certified, which I did. He also perjured his way through his arguments.

Lesson learned. I spent more time and money trying to make this right, but it blew up in my face. What I got out of ths whole thing is - EDUCATION, in more ways than one. Sometimes, even if you dotted your 'i's and crossed your 't's doesn't always work out for you.

When purchasing used vehicle, PLEASE - ask for the smog certificate first. If none is available during the sale, make sure you sign an agreement that the sale is predicated on the vehicle passing smog inspection without further cost to you. If it doesn't, that you have the right to get your money back.

Thanks for the previous information given earlier nonetheless.

Cheers.