Bought used car that won't pass smog

[abcd456]

What is the name of your state (only U.S. law)? California

1. I purchased a car recently that does not pass smog.
- Seller cut out the catalytic converter from the inside.
- Seller cut off resonator and welded a straight pipe.

2. The check engine light was taped from the inside to prevent me from seeing that the car was throwing several codes.
- To add salt to the wound, one of the mechanics who serviced my car found a sticky note that the seller left on the inside of the dash next to the tape stating, "You just bought a pile of junk from me, what are you going to do about it??"

3. The head gasket is blown and I spent $1,400 to repair the car a week after purchase.

4. There is no bill of sale.

5. Seller gave me only one key...

6. Seller did not provide driver's license.

My question: Is there any legal remedy I have to make the seller pay for these repairs? I never purchased a used car before from a private party, and unfortunately the first car I bought used was from a crook. Now, this guy was crooked to begin with, but when my mechanic found that note inside my dash next the the check engine light he taped up it really made me furious. I just want to get money for all the repairs I made for this car, it still won't pass smog, because I still need to pay another $1,500 to fix the emissions system... please help me.What is the name of your state (only U.S. law)?

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

1. I purchased a car recently that does not pass smog.
- Seller cut out the catalytic converter from the inside.
- Seller cut off resonator and welded a straight pipe.

2. The check engine light was taped from the inside to prevent me from seeing that the car was throwing several codes.
- To add salt to the wound, one of the mechanics who serviced my car found a sticky note that the seller left on the inside of the dash next to the tape stating, "You just bought a pile of junk from me, what are you going to do about it??"

3. The head gasket is blown and I spent $1,400 to repair the car a week after purchase.

4. There is no bill of sale.

5. Seller gave me only one key...

6. Seller did not provide driver's license.

My question: Is there any legal remedy I have to make the seller pay for these repairs? I never purchased a used car before from a private party, and unfortunately the first car I bought used was from a crook. Now, this guy was crooked to begin with, but when my mechanic found that note inside my dash next the the check engine light he taped up it really made me furious. I just want to get money for all the repairs I made for this car, it still won't pass smog, because I still need to pay another $1,500 to fix the emissions system... please help me.What is the name of your state (only U.S. law)?

The simple answer here is that your chances are slim to none for getting ANY money back from this person.

WHY? Because all used vehicle sales are considered "AS-IS" unless the seller provides you with a WRITTEN warranty or guarantee of fitness. That's why you hear so often the phrase, "Caveat Emptor", or "Buyer Beware".

It is all too common for a seller to make empty promises or assurances about the condition of a vehicle just to get rid of it. Problem is that these words are worthless - "If it ain't in writing, it never happened". That's why it is essential for a buyer to have the car inspected by their own private mechanic BEFORE the purchase, so that they have a better idea of exactly what condition the vehicle is in, and know what kinds of problems there are. Had the mechanic looked at the car BEFORE you bought it, they would have noticed the obvious issues and gave you fair warning before you ended up putting down good money for a piece of junk.

I'm sorry, but when you buy a car that is sold "AS-IS", without taking the proper precautions and having it inspected by a professional mechanic first, you are stuck with what you get. You got ripped off big time, and unfortunately for you, the seller knows it - and there's not much you can do about it.

 

[OHRoadwarrior]

V C Section 24007 Responsibility of Dealer or Other Person Selling Motor Vehicle

It appears you would have recourse, however, I suspect the person you bought from, was not the registered owner, but a thru-seller, whom you will never find.

 

[Zigner]

Usually I agree with the "as-is" statement. But this case is a little different. This is a pretty clear case of fraud and the buyer WOULD have recourse against the seller.

 

[ecmst12]

Isn't it illegal in CA to sell a car without a smog cert?

 

[abcd456]

Isn't it illegal in CA to sell a car without a smog cert?

Thats true, you have to either provide current smog papers upon sale of car, however the thing is the only address I have from the seller is on the bil of sale, and the only evidence I have that it is fraud is the tape on the back of my dash, and that post it note he left me...

When I bought my car from him I had to have my gf translate because he didn't speak english, so comunication from the begining was difficult. Everytime I would talk to him he would tell me he only spoke spanish so I had to have her translate...

I really hate myself for going through with this purchase because I feel helpless... mainly because I'm not sure if I qualify for any recourse due to the only address I have being the one on the bill of sale, and I don't know if the the mechanics testimony (2 dealership one private business) would be enough to prove that he should also pay for the blown head... along with the emissions repair...

 

[justalayman]

so, a guy that doesn't speak English left a note, in English, attesting to the fact you have been taken advantage of?



sounds like a made up story to me.

If it isn't, if the car did not have a smog cert, take the car back and demand your money. AS IS does not apply to smog certs.

You aren't likely to get the money you put into it trying to fix it since you had recourse without spending a dime on the car that you failed to exercise.

 

[abcd456]

so, a guy that doesn't speak English left a note, in English, attesting to the fact you have been taken advantage of?



sounds like a made up story to me.

If it isn't, if the car did not have a smog cert, take the car back and demand your money. AS IS does not apply to smog certs.

You aren't likely to get the money you put into it trying to fix it since you had recourse without spending a dime on the car that you failed to exercise.

Its not made up, and I never said the note was in english. Also at this point I cannot take the car back since I already registered vehicle, and paid for head gasket repair... all I want is to make him to pay me back for the repairs for the head gasket, emissions, and smog testing my car.

Also please do not make anymore empty accusations or jump to anymore conclusions about me or my situation, I am just here to get some legal advice, I really appreciate it thank you.

 

[justalayman]

sengd001;2870338] and I never said the note was in english.

yes, you did:

"You just bought a pile of junk from me, what are you going to do about it??"

ya see those little marks before and after the statement? They are called quotation marks. You want to guess what using them means?

they mean you are quoting what was said or written, verbatim.

Also at this point I cannot take the car back since I already registered vehicle,

you registered a vehicle without a smog certificate? I'm not real well versed on California law but I thought you couldn't register a vehicle unless it does have a smog cert.

edit to add: after a bit of reading, it would appear that is still the case. While you can pay your registration fees prior to having a smog cert, you cannot actually obtain a registration until you have the smog cert.

and paid for head gasket repair... all I want is to make him to pay me back for the repairs for the head gasket, emissions, and smog testing my car.

You aren't due the head gasket repair because you bought the car as is. I have not searched to determine if you have a right to claim the repairs for the emissions system or not.

Also please do not make anymore empty accusations or jump to anymore conclusions about me or my situation, I am just here to get some legal advice, I really appreciate it thank you.

you got it: rescind the sale. Even if you don't, you are not due what you want to claim. At most you would be due the repair for the emissions and smog cert.

 

[abcd456]

I'm probably just going to fix the car and sue him for the repairs on the emissions, I appreciate all the feedback from everyone thank you.