Is it legal for a used car lot to sell a car without current smog or a dealer's license? (credit report)

[mommyof2boys0509]

I bought a car in December of 2016 my tags expired in Jan, 2017 I asked the place what was going on with the registration and the guy tells me there is no smog on file. So i ask " i paid for the reg. fee's and all that at the time of purchase why is there no smog on file. he didn't have an answer he just kept saying i will take care of it. It is now almost April and still no tags, they want me to make my payment for this month but i refuse to make a payment until i get my tags. what should i do?

[Social Democrat]

It was not legal for a dealer to sell you a car without having the vehicle smogged. Are you getting nasty notices from the DMV about the vehicle registration renewal? Have you called the DMV about the smog cert issue?
Isn't the finance company chasing you for the payments or is this a buy here and pay here dealer?
You have some serious problems here and you may need to see an attorney for assistance.

[Electrician4you]

They can't even title the car in your name unless the smog was done. You cannot complete the registration without a completed smog check

[thelopez2]

Originally Posted by mommyof2boys0509

I bought a car in December of 2016 my tags expired in Jan, 2017 I asked the place what was going on with the registration and the guy tells me there is no smog on file. So i ask " i paid for the reg. fee's and all that at the time of purchase why is there no smog on file. he didn't have an answer he just kept saying i will take care of it. It is now almost April and still no tags, they want me to make my payment for this month but i refuse to make a payment until i get my tags. what should i do?

Do you really want to mess up your credit report because of a smog check? The finance company will not care why you missed it.

[expatCA]

There may be no Finance company, he may be dealing with a buy here, pay here lot.

[cb73]

Originally Posted by mommyof2boys0509

I bought a car in December of 2016 my tags expired in Jan, 2017 I asked the place what was going on with the registration and the guy tells me there is no smog on file. So i ask " i paid for the reg. fee's and all that at the time of purchase why is there no smog on file. he didn't have an answer he just kept saying i will take care of it. It is now almost April and still no tags, they want me to make my payment for this month but i refuse to make a payment until i get my tags. what should i do?

First, to fix the situation:

1. Call the DMV and ask where your transfer application is at. Are they holding it for some reason? Did they return it back to the dealer because of the SMOG? Is anything else--title, signatures, etc.--missing? Hopefully it just needs a Smog.

2. If the DMV returned the paperwork to the dealer, go to the DMV website and print out a Statement of Facts. On the blank lines, write something like "I am demanding my DMV paperwork, I will complete the transfer myself." Take it to the dealer--they are required to turn the paperwork over to you.

3. The dealer should give you the paperwork. Get your Smog, turn in the paperwork, you're done.

4. Then fill out a Record of Complaint form and submit it to DMV concerning the dealer. They will investigate the dealer to see if he has a pattern of not completing paperwork.

If you stop making payments, I can pretty well guarantee they'll repo the car.

Let us know how it plays out.

[Ultrarunner]

Same happen to a friend... it took a year and nothing happen until she filed government complaints... Dealers have bonds on file with DMV and she threaten to go after it... 72 hours later and one visit and she had her plates...

Now, if the car fails smog... it can be a never ending nightmare...