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Car sold with defects and expired smog

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arianasolano

New member
In Nevada
I bought a used car as is for $4200 at a dealer and paid for it in full. I got it checked by a professional mechanic who said it was a good car, just needed a tune-up as it is at 100k miles and 13 years old. A week after, it gave me some issues with starting up. I figured it was the spark plugs so I got the tune-up (spark plugs and wires, water pump, and timing belt changed, plus oil change). It continued to give me problems. I went to get it registered and waited forever, only to be told my smog check was expired (my fault for not checking), but it had been expired for over a month before I even bought the car. I took the car to the dealers (on the 30th day after buying it) to get a smog done and the check engine light came on while I was driving over there, so I asked them to find out what was causing that too. They said they would have to fix whatever it was before they could do a smog. Car is insured, but not registered. I have the title and all paperwork, but might be missing one part of the contract they didnt give me. They have had my car for a week and said that the check engine light came on because the timing belt wasn’t put in correctly by my mechanic, but why was it giving me problems before? I’m not sure whats the next step to take or what I can even do about getting my money back if it still isnt fixed when I get it back. I’m aware it’s illegal to sell a car with an expired smog, but I wasn’t until after I took it back to the dealers for them to fix. It was an “as is” sale, so are they just fixing it so I won’t sue? What happens if they end up getting me a passing smog, without completely fixing the issues that were occuring?
 


FlyingRon

Senior Member
Where in Nevada are you? There's no statewide SMOG requirement in Nevada. Emission checks are only done in certain of the urban areas.

Unlike California, a Nevada seller has no responsibility for making sure the car passes smog.
 

arianasolano

New member
Where in Nevada are you? There's no statewide SMOG requirement in Nevada. Emission checks are only done in certain of the urban areas.

Unlike California, a Nevada seller has no responsibility for making sure the car passes smog.
This is in Las Vegas, Nevada.
 

Zigner

Senior Member, Non-Attorney
Nevada offers some protection for buyers of used cars with over 75,000 miles.

Here is a link to the Legal Aid Center of Southern Nevada: https://www.lacsn.org/practice-areas/consumer-rights-project/car-information/buying-a-used-car
I don't believe this is going to help him. The car was sold "as-is", thus negating any implied warranty, which is allowed. He, apparently, received no specific representations about the car, nor is there any evidence that the dealer knew that certain things might go wrong. In fact, not only did the OP's mechanic inspect the vehicle and deem it "good", it would appear that the issues the OP is having may have been caused by the OP (well, by his mechanic's work.) Lastly, there is nothing to show that any express warranty had to be offered by this dealer.

(This is all coming from the link you posted.)
 

quincy

Senior Member
I don't believe this is going to help him. The car was sold "as-is", thus negating any implied warranty, which is allowed. He, apparently, received no specific representations about the car, nor is there any evidence that the dealer knew that certain things might go wrong. In fact, not only did the OP's mechanic inspect the vehicle and deem it "good", it would appear that the issues the OP is having may have been caused by the OP (well, by his mechanic's work.) Lastly, there is nothing to show that any express warranty had to be offered by this dealer.

(This is all coming from the link you posted.)
All good points. :)
 

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