Car Smog Cert.

[Oggy]

What is the name of your state?What is the name of your state? CaliforniaI bought a used car from a private seller in December 2004, unaware of the law that the seller is responsible for smog before selling. I recently went to get it smogged only to find out it will cost about $1000 to fix to pass smog. Do I have a case for small claims court? Even though I've already bought it?

 

[I AM ALWAYS LIABLE]

What is the name of your state?What is the name of your state? CaliforniaI bought a used car from a private seller in December 2004, unaware of the law that the seller is responsible for smog before selling. I recently went to get it smogged only to find out it will cost about $1000 to fix to pass smog. Do I have a case for small claims court? Even though I've already bought it?

My response:

This is one of those extremely rare situations where a vehicle buyer can, in fact, rescind the contract, or obtain a judgment to pay for the smogging.

The seller cannot "profit" from a violation of law; ergo, the contract fails for lack of lawful consideration - - one of the elements of a viable contract.

Go get him!

IAAL