What is the name of your state?California
Hello,
So here is my situation:
In Oct 2004 I purchased a vehicle "as is" from a private party. When purchasing the vehicle I was told that it had always been in for it's required services on time. I asked about it's 60k service, the response was that it had not been specifically taken in for that, but all required services had been performed individually around the time needed. Upon purchase I was presented a folder of receipts for services that had been performed. Upon later review I can find no evidence that anything other than oil changes have been performed.
After purchasing the vehicle I went to the DMV to pay the fees and have the title transfered to my name. I was told that I needed to have it smogged, and to bring back a smog certificate. Eventually I gathered enough money and time to have it tuned up and most of the 60k repairs done, suspecting I would need to have such repairs completed before passing smog. I took it for a smog test and still after all of the repairs I came up as a gross polluter.
California Vehicle Code - VC 24007 (b)(2) states:
So I guess my questions are:
1. Do I have a case in making the seller bring the vehicle up to passing smog regulations?
2. Do I have a case in making the seller pay for, or provide proof of service for the 60k services not related to smog because he stated they had been done, or does this fall under "caveat emptor"? I do have a witness.
Thanks to all of you for your time. I appreciate your responses.
Nathaniel
Hello,
So here is my situation:
In Oct 2004 I purchased a vehicle "as is" from a private party. When purchasing the vehicle I was told that it had always been in for it's required services on time. I asked about it's 60k service, the response was that it had not been specifically taken in for that, but all required services had been performed individually around the time needed. Upon purchase I was presented a folder of receipts for services that had been performed. Upon later review I can find no evidence that anything other than oil changes have been performed.
After purchasing the vehicle I went to the DMV to pay the fees and have the title transfered to my name. I was told that I needed to have it smogged, and to bring back a smog certificate. Eventually I gathered enough money and time to have it tuned up and most of the 60k repairs done, suspecting I would need to have such repairs completed before passing smog. I took it for a smog test and still after all of the repairs I came up as a gross polluter.
California Vehicle Code - VC 24007 (b)(2) states:
Which, if I understand correctly, would make the seller responsible for repairs related to bringing the vehicle up to passing smog regulations.
So I guess my questions are:
1. Do I have a case in making the seller bring the vehicle up to passing smog regulations?
2. Do I have a case in making the seller pay for, or provide proof of service for the 60k services not related to smog because he stated they had been done, or does this fall under "caveat emptor"? I do have a witness.
Thanks to all of you for your time. I appreciate your responses.
Nathaniel