Car failed smog...

[damian82]

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

I recently bought a used car (in California) from a private party and it failed smog. I know that Section 24007 (b)(2) of the vehicle code says that the seller is responsible for the smogging of the vehicle. Now here are my questions;

1. Where I bought it and where I live are 3 hours a part, do I have to bring it him, or is it his responsibility to come get the car since the car deal is void and still his vehicle?

2. What is my recourse if I win judgment in small claims and he still doesn't pay?

3. Is there any kind of penalty he could face for not paying? Anything to entice him to "play nicely"?

 

[Zigner]

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

I recently bought a used car (in California) from a private party and it failed smog. I know that Section 24007 (b)(2) of the vehicle code says that the seller is responsible for the smogging of the vehicle. Now here are my questions;

1. Where I bought it and where I live are 3 hours a part, do I have to bring it him, or is it his responsibility to come get the car since the car deal is void and still his vehicle?

2. What is my recourse if I win judgment in small claims and he still doesn't pay?

3. Is there any kind of penalty he could face for not paying? Anything to entice him to "play nicely"?

The deal is not void. Get the car smogged. Sue the seller for any costs you incur in doing so.

 

[Antigone*]

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

I recently bought a used car (in California) from a private party and it failed smog. I know that Section 24007 (b)(2) of the vehicle code says that the seller is responsible for the smogging of the vehicle. Now here are my questions;
1. Where I bought it and where I live are 3 hours a part, do I have to bring it him, or is it his responsibility to come get the car since the car deal is void and still his vehicle?

2. What is my recourse if I win judgment in small claims and he still doesn't pay?

3. Is there any kind of penalty he could face for not paying? Anything to entice him to "play nicely"?

If you KNOW this, then why did you purchase the vehicle without the smog?

Fix the vehicle, sue the guy in small claims court and go through the collections procedures just like everyone else ~ that's your recourse.

No enticements needed, just follow the law.