emmissions

[shereenclarke]

What is the name of your state (only U.S. law)?
sold a car at the end of november with current tags. was asked if car had ever been through emmissions. I said no, not when i first received the car. which is true. how ever what i did not mention was on nov 1 08 i had taken the car into emmissions and it had failed. i did not tell the owner this. i sold the car with AS IS on the contract and current tags. new owner took it though emmissions and found out it failed and that I knew about it. they want to take me to small claims court saying i misrepresented the car. they want their money back for either the cost of the car or for shop work. i feel they could have had car inspected prior to buying and i did not lie about car emmissions. i clearly stated i never took car in when i first owned the car two years ago. shereen 3609895993

 

[racer72]

US law only, you must include the name of your state. And because you chose to leave your phone number, I know who you are, where you live and I also know you sold a Pontiac Grand Prix. Oh, and expect to lose big time in court.

 

[tankueray]

In Texas, a dealer cannot sell a car that has failed emissions testing to someone that will register it in an affected county. An individual can be sued for not disclosing that information as it is recorded at the time of failure and an inspection sticker is not issued. (Which leads me to wonder, how did you get the car tagged? The DOT/DPS can come after you for that.) We do, however have a repair or replace program for low income individuals, although it has to be the person that has owned it for the last 12 months. If the emissions system was purposely tampered with you can receive a fine. The East Coast tends to be more strict than us when it comes to air quality, so I would expect you to lose. You did lie about emissions, rather, you purposely misled them by stating an answer to a different question. If someone asks me if I stabbed someone and I reply that I didn't shoot them, that doesn't make me any less guilty of stabbing them. If anything, that proves intent to deceive.

Oh yeah, IANAL and the only thing I know about Washington is that's where Starbucks came from.