i brought a used car...

[ineedanewcar]

What is the name of your state? california

i brought a used car from a private seller, before i drove it around, i asked a few questions.
1. did you get your smog check?
a. not this year
2. why is the oil light on?
a. its a computer chip problem
3. is oil leaking?
a. of course not

at the time i needed the car really quick and also did not see any oil dripping, and me being a trusting guy, i brought the car. but i did sign some paper stating car is sold as is. two days later i went the body shop to get a smog check. they tell me it was test 2 months ago and it failed. i heard it is illegal to sell a car without smog being check. also the oil was leaking. i had to spend of $900 just to fix it. is there anyway i can sue him for the extra cost. he told me he did not do a smog check, but i found out he did a smog check. i really need help. is there anything i can do??

 

[hexeliebe]

Yes, you can:

1. Drive the car until it either falls apart or you get a ticket.

2. drive back to the dealership and when the salesperson comes out to 'speak' with you SHOW him how the brakes don't work

3. Never buy a used car from this person again.

4. get the repairs done.

Otherwise, you bought a car 'as is' and even if you did have a cause of action the Lemon Law is for new cars or very new used cars....very limited.

 

[ineedanewcar]

are you saying i can take him to small claims??

 

[hexeliebe]

No, that's not what I said. I said you bought a used car "As Is" and the lemon law only applies to new cars or VERY NEW used cars, when the warranty hasn't expired.

Although you still could take him to small claims court, you would lose.

 

[ineedanewcar]

are you sure i will lose?
because it is illegal to sell a car in california that did not pass smog check. i lost alot money here. anyone please help!!!

 

[stephenk]

you should have been more concerned about getting your license reinstated instead of buying a piece of crap car. The money you spent on the car could have paid the fines you owed on your suspended license.

 

[hexeliebe]

Although I won't comment on California law, here is why you will lose:

i brought a used car from a private seller, before i drove it around, i asked a few questions.

two days later i went the body shop to get a smog check

he told me he did not do a smog check, but i found out he did a smog check.

Either he told you he did a smog check, in which case you bought the car 'as is' or he told you he did not do a smog check and you took the car in to have one done, still purchasing the car with the knowledge that it needed a smog check. And now you are coming to the court to seek remedy for your own complicity in the deal.

I tend to thing he told you he did not do a smog check. Otherwise, why would you bother to have one done.

Go see an attorney. Because you made your bed and from what you have presented here, I don't think you have a case.