I purchased a gross polluter without knowing, any help?

[thaddeus333]

I am in california.
I recently purchased a truck in Apple Valley and drove it back to Santa Barbara. I took it to be smogged, only to find out that it was a gross polluter. Apparently the old owner new that to be the case, yet they still sold it. I have spoke to the Automotive Bureau and they say that what he did was illegal and that he is required to either repair or refund the money. If he refuses what can I do? What if we agreed to write in a lower selling price than I paid for it, save on taxes and all that? Am I screwed or is there a way to make this work?

 

[racer72]

If he refuses what can I do?

Sue him in court.

What if we agreed to write in a lower selling price than I paid for it, save on taxes and all that?

Ever hear of the word fraud?

Am I screwed or is there a way to make this work?

What do you want to do? Decide then come back and you may receive the guidance you seek.

 

[cjbrown929]

If YOU were guilty of fraud, so would HE.



At the dealership I worked at, we did this all the time, and is legal as long as you don't overdo it. The DMV probably has a computer program or actual humans sniff deals for problems. If you are within reason on the selling price vs KBB (and taking into account its condition), you'd be ok.

Don't forget that a vehicles value could be much affected by its overall condition. I was contacted by dmv after selling a car for what they considered a very low price. When I explained that the car had numerous problems, they said OK.

 

[thaddeus333]

Thank you both

Ca.
Thanks to both of you. I am going to sue. I originally paid 3k for the vehicle, can I just sue for all of my money back plus time and money to get it home and give the truck back? Can I sue him for the repair costs? Is it small claims or ?? How do I actually collect once I have the judgement? Can I sue in Santa BArbara or do I have to return to Apple Valley? tHANKS AGAIN FOR THE HELP!.