Trapped

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

I had purchased a car from a private seller.

We met at a public crowded area, not at his place. At the time he could not give me the registration for he left it "at home." Stupid mistake I know, but we arranged for the next day to receive the necessary paperwork.

However, the next day -just one day after driving the car- I discover the car is inoperable. I admit that my choice of purchasing the car was impulsive, it doesn't change the fact he sold me the car without the intent of ensuring it was safe and legal to be sold. I contact him immediately and am faced with the first problem I currently deal with: he doesn't answer his phone.

Though, when I was able to he tells me he cannot refund the money for he already spent it. He had written on the Bill of Sales "he guarantees the car will pass smog or he will refund the payment in full." So either way, even if I took the car to pass smog and it failed, he broke the agreement on the BOS.

I know this post is pretty vague but my question is: can I do anything about this? I've already tried contacting the police and they advised me to take
this situation to small claims court but it is nearly impossible to contact him!

Worst of all, he still has the registration information so at any moment could he "report the car stolen." Can he really do that even though I have the BOS?

What can I do?

notworth said:

. . . I purchased a car from a private seller . .. . (seller) guarantees (in writing that) the car will pass smog or he will refund the payment in full. . . . . the car is inoperable . . . I took the car to pass smog and it failed . . . can I do anything about this?

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Would you care to explain how you “took the car” for the emission test when it is supposedly inoperable? Did you tow it or push it?

You post is so inconsistent in this respect as to make one wonder if anything has been accurately described. But if you want to try to recoup the purchase price, then sue him in small claims on the grounds that he has not produced clear evidence of ownership. (Which he may be unable to do.)

Plus, seeking performance of the seller’s express commitments on passing the emission testing as included in the bill of sale.

Incidentally, have you considered that every system in the vehicle except the engine and including the trany could be shot to hell and it would still pass emissions?

Apparently you didn't when you wrote up the bill of sale.