Faked Smog Test

[tmaraczi]

Ok so I bought a car a week ago and it faiked the smog test this morning. Miserably. I talked to the mechanic and asked why it didn't pass since I checked the DMV website last night and it said the car passed in April. The mechanic said that there's no way this car passed smog in April because the levels are THAT high and that he probably had a mechanic friend who faked the results of previous smog tests. I know for a fact that the guy has a friend that's a mechanic because he mentioned it when I was trying to negotiate the price down due to a broken window regulator. I know used cars are sold "as is" but I did not recieve the paperwork for any previous smog tests from him personally and my mechanic gaurentees me that there's no way this car passed in April. Is there any way I can I can take him to court

 

[shrinkmaster]

You can take anyone to court for anything. You can even win. Your problem will be collecting.

 

[mightymoose]

You are unlikely to even win such a claim. You are responsible for inspecting the vehicle before you buy.

 

[army judge]

As is from a private seller means as is.

Don't buy used cars. But if you persist in doing so, buy them from a licensed new car dealer only.


Sent from my iPad3 using Tapatalk HD

 

[disagreeable]

When a vehicle is more than four model years old, a seller must provide evidence of a current smog certification except when one of the following occurs:

The transfer occurs between a spouse, domestic partner, sibling, child, parent, grandparent, or grandchild.
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).

Smog certifications are good for 90 days from the date of issuance.

If you just bought the car it appears the seller needs to have provided a smog cert from a closer date. They can be held liable for damages/repair costs. Here is the state site;
http://www.dmv.ca.gov/vr/smogfaq.htm

 

[shrinkmaster]

Let me try again. Yes you can sue seller and yes you might win. Neither guarantee you will ever see a dime of that award. You will spend time and more money dealing with this and likely not see a dime in return