Private Car Sale- Am I Liable?

[4321]

What is the name of your state? California

I sold my 1997 Toyota Rav4 for $900 (private sale) a couple weeks ago. In the add I noted the car would require a new catalytic converter to pass a smog test and would require more work past that and the buyer brought his brother who works on cars to look at the car before purchasing. The title has been transferred and now the buyer is contacting me requesting money back because the cost to register and repair the car is more than expected. He mentioned taking me to small claims court and just wanted to make sure I was doing everything by the book. Thank you!

 

[quincy]

You should not have to refund the money.

 

[adjusterjack]

You should not have to refund the money.

Not so sure of that.

According to CA DMV website:

When a car is sold, who is responsible for the inspection?
The seller is required to provide the buyer with a valid smog inspection certification at the time of the sale or transfer. Smog certifications are good for 90 days from the date of issuance.
The inspection is not required on a transfer if a biennial smog certification was submitted to DMV within 90 days prior to the vehicle transfer date (a vehicle inspection report may be required for proof of certification).

https://www.dmv.ca.gov/portal/dmv/detail/vr/smogfaq

 

[Zigner]

Not so sure of that.

According to CA DMV website:



https://www.dmv.ca.gov/portal/dmv/detail/vr/smogfaq

The problem is that this does not allow for the refund of money on the sale. In fact, it's quite clear that the buyer waived this requirement in the first place..

Having said that, I am aware of no court decisions on this matter, probably because they're almost inevitably small-claims matters.

So, to bottom-line it...it's a grey area. I wouldn't offer to give anything back if I were in the OP's shoes.

 

[Zigner]

What is the name of your state? California

I sold my 1997 Toyota Rav4 for $900 (private sale) a couple weeks ago. In the add I noted the car would require a new catalytic converter to pass a smog test and would require more work past that and the buyer brought his brother who works on cars to look at the car before purchasing. The title has been transferred and now the buyer is contacting me requesting money back because the cost to register and repair the car is more than expected. He mentioned taking me to small claims court and just wanted to make sure I was doing everything by the book. Thank you!

Whoa, hang on.

The story doesn't add up. Without a valid SMOG, the transfer of title cannot have been completed. In fact, since the seller (our OP) didn't provide a title that could be transferred (no valid SMOG), I have to say that it's pretty clear that the buyer would prevail if this were taken to court.

Yes, I am changing my earlier statement... The OP has a pretty fair chance of losing this one if it gets to court.

 

[quincy]

Ah. California and its laws. I should know better than to answer without research first.