Seller lied that car can pass smog check, it didn't?
(2011-04-21 14:30:20) 1. Says: My friend bought a car from some guy and the guy said that it was due for a smog check but that he was sure it will pass. Well friend went to do smog check and it didn't pass plus the company said that on the computer system it showed that the previous owner did a smog check 1-2 weeks before he sold the car so he knew that it didn't pass. Isn't that illegal. Should my friend go to this guy and return the vechile and get his money back and threaten to sue or what? My friend bought the car on February but because he had money problems he didn't drive it and just was getting everything together this month smog and insurance. Well it matter if all this time passed already?2. Says: In general, CA is a good state for protecting ppL who have been ripped off like this, bc it's well-regulated, and has some good, pro-consumer laws.I dont think the passage of time matters. If he goes to court, and it were somehow an issue, he could explain it as you have.
Hopefully, you can get documentation from that company about the failed smog test.
Even if they wont give you the documentation, you could contact the seller and say you have proof from the company that it failed and you plan to use that in court if the buyer doesnt at least get a full refund or more considering his hassles.
Tell him doing what he did could be considered fraud, and the buyer has consulted lawyers and knows he has a very strong case and will seek all available remedies for that, including requesting action from the appropriate legal authorities.
Since the seller knows it failed, this could scare him up and get him to pay you.
Be sure to document in detail all that's happening. That really helps in court.
Call about 10 lawyers that practice consumer law in your area and ask for advice on the phone. I've sued and won some small claims cases and I always do this. Most are very help. And they'r thinking about you as a potential client.
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http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffvr35.htm3. Says: As far as I know, only Cali forces owners to have their cars pass smog before selling.
There is nothing wrong with buying a POS like your friend did.
Maybe TX makes this too simple, but don't other states make vehicle owners put stickers on their windshields to signify the vehicle passed emissions for another year?
Anyway, "the guy said" is hearsay and is not admissible in court as testimony. What is your friend's case to be made now? If it's not in writing somehow, there is no case to be made. Your friend gets to make repairs to make the car legal now.4. Says: All you can do is take him to court. You will nee a printout that shows the previous owner tried to get it to pass. Most used cars are sold as is unless you get something in writing stating what they are going to guarantee.5. Says: You took some guys word for it.
That's all that really matters.
Can you sue ? Sure. And lets even assume you win.
What if the guy doesn't have the money and/or wont pay ?
How will you collect ?6. Says: what your friend can do, since its been several months, is pay to fix whatever needs fixing so the car smogs. take the papers to the mechanic fix the problem get it trough smog. Register it in his name. Then go down and fill out a small claims application. They can sue the guy for the entire amount of the smog, be sure ant tell the judge he tried to smog it just before he sold it. The small claims court judge will do one of two things, give your friend all of the money back, or 50 percent plus the court costs, including filing fee and service of the summons. Tell your friend to use the sheriff and send it to the guys work if possible. (makes him look like a dork) you are right its illegal , but once your friend took possesion of the car it became your friends problem. And the only way to sort this out is to take the owner to small claims court. Typically, the judge awards half, but sue for the whole amount, the guy may pay, before court, because he does not want to see the judge. good luck Tag: Seller lied that car can pass smog check, it didn't?