J
joeschmoeno
Guest
What is the name of your state?
California
I purchased a used car yesterday and was told the car was in good working condition. Moreover, I was assured that the car would certainly pass the smog check (due in 2 months), and that I could return the car to the seller if something major happened within a week after buying it (though I understand verbal contracts are probably not enforceable).
Today I took the car to the smog inspection station, and was told that the test failed. I would have to pay $500 to reset the timing, and then the emissions levels may change and the test still fail, with more work required.
They told me at the shop that the seller is responsible for the car passing the smog check. The wording on the DMV web site, while vague, seems to confirm this. At the DMV they suggested I could recover the $2k I paid for the vehicle from the seller, and essentially reverse the sale, since the transaction isn't final until the smog check passes and the car is registered.
I did not sign any "as is" clauses on a bill of sale. In fact, there is no bill of sale, only the seller's signed title in my possession, and the paperwork that I started at the DMV to transfer the car to me.
Is the seller legally liable to take the car back and return my $2k, or at least to pay for all of the repairs needed to bring it up to pass inspection?
Any advice would be greatly appreciated. Thank-you.
California
I purchased a used car yesterday and was told the car was in good working condition. Moreover, I was assured that the car would certainly pass the smog check (due in 2 months), and that I could return the car to the seller if something major happened within a week after buying it (though I understand verbal contracts are probably not enforceable).
Today I took the car to the smog inspection station, and was told that the test failed. I would have to pay $500 to reset the timing, and then the emissions levels may change and the test still fail, with more work required.
They told me at the shop that the seller is responsible for the car passing the smog check. The wording on the DMV web site, while vague, seems to confirm this. At the DMV they suggested I could recover the $2k I paid for the vehicle from the seller, and essentially reverse the sale, since the transaction isn't final until the smog check passes and the car is registered.
I did not sign any "as is" clauses on a bill of sale. In fact, there is no bill of sale, only the seller's signed title in my possession, and the paperwork that I started at the DMV to transfer the car to me.
Is the seller legally liable to take the car back and return my $2k, or at least to pay for all of the repairs needed to bring it up to pass inspection?
Any advice would be greatly appreciated. Thank-you.