Purchased car that doesn't pass smog, smogged it and failed, now owner wont' give me my money back (house, buyer)

[caribbeanbeaches64]

I am facing the same situation with a car I just bought and the sellers agreed to have the car smogged before I bought it. They brought back two smog tests: The first said the test failed and three hours later the car passed smog. I went down to the local auto shop that performed the tests and was told by the owner that the car's diagnositic readings didn't not communicate properly at first with the smog inspection's computer software (or something like this). I didn't understand the whole thing, but he reassured me that it did pass and that it was a great little car....even went as far to tell me he would buy it himself if he was looking to buy!! I no sooner drove that car home (around the corner and up the street) the check engine light went on! I made an appointment with another auto shop in town to have it inspected the next day and there were 11 faults discovered. They cleared the car's system of these readings (however that is done) and I was told to come back in a couple of days to read the engine system again! Now mind you, all of those 11 faults had to do with the car's emissions system. Two days later I went back and the check engine light had come back on in the meantime.....They ran a test again and 7 faults came back all having to do with emissions...like the o2 sensors, the evap system (had a huge leak in it), etc. The nice mechanic told me to go home and call the Department of Automotive Repairs and make a complaint because there was no way this car would have ever passed smog without out some type of "assistance". I have been working with the DAR and they have been very helpful and supportive. I got another diagnostic from a CA State Licensed Referee Smog Station and they couldn't even get the diagnostic system in the car to read...mind you the engine light in on and I have only put 81 miles on the car at this point! To the guy in the above post who says just drive it and ignore the check engine light...I am driving a German car that specifically outlines in the Handbook to NOT drive continually with a lighted check engine light due to potential damage being done to the cadalitic converter. That's all I need is a blown up engine and a fake smog certification with idiot sellers who thought that they got away with the whole thing. "AS IS" sale still has an implied "warranty" which I understand to mean that they represented to me that the car had smogged and that it was in the condition they indicated in the CL add as well as verbally to me. IT WAS NOT and as soon as the investigation is over with the DAR I am going to get the file on this whole thing and take the sellers to small claims court. I want to bypass the blame game and the denials that will come from accusing them outside of court. They did not perform and I did...they got paid for not performing and I am paying a steep price for paying them what they were asking for the car and dilligiently following through with my part in the deal. If any of you need help with a claim or a complaint regarding a similar situation you can hit me back up here and perhaps we can get in touch so that I can give you the information I have gotten and learned over the past two weeks! Good luck and sellers....BEWARE! These buyers are not as stupid as we might look!

[aslowdodge]

I thought in California that a car had to pass smog and it was the seller's responsibility?

[Mack Knife]

Originally Posted by mstnghu2

I was just about to say the same thing. The corrupt shop can be fined thousands of dollars and possibly face jail for performing an illegal smog check and the technician who actually performed the smog check would most likely lose his smog license.

When it comes to many types of repair issues that arise after an "as-is" used car purchase, there's often not much you can do.

When the problem involves an illegal smog check though, you should have quite a bit of legal recourse.

If you're not worried about retaliation, you may want to threaten the seller that you'll be contacting the CA Bureau of Automotive Repair about the illegal smog check that was performed if they don't refund your money and take back the car. If he doesn't want his dad to get into some serious legal trouble, he may go for this.

Definitely contact the BAR as recommended by ferretkona. I wouldn't be surprised if they sent somebody out to the shop within a day or two! They usually take this stuff pretty seriously. FYI, I work in the automotive business and am pretty familiar with smog laws.

Correct in going to the DMV, BAR and so on.

Do not threaten the seller in the manner stated above, that is called extortion and is a felony. The seller could do as you ask because you threatened them and then turn you in. The fact that they did something wrong has nothing to do with you using extortion to obtain money from them because that is exactly what you'd be doing.

The law provides you with recourse the resolve your problem, follow it. Once you tie the return of your money to the threat you will turn them into the DMV/BAR you lose.

In matters of things like this, never compromise yourself because when you do, you are as complicit in violating a law as the other party. It isn't worth it.

What you can say is that you think they've defrauded you and the State of California and you want your money back. In that way you haven't said you'll do anything if they don't refund your money but they will know your intentions. You do run the risk of getting into a real hassle since there are now several people involved who could face prison time if convicted and at the very least, lose their license to perform smog checks along with an investigation into all other aspects of their business. These are shady people and seriously think about what could happen by contacting them further.

If the BAR contacts them, they will probably fall over themselves to refund your money.

[jaypee]

Originally Posted by aslowdodge

I thought in California that a car had to pass smog and it was the seller's responsibility?

Yep, that's true. However, in this case, the seller has provided a smog certificate that the buyer says is fraudulent.

[bigdumbgod]

Originally Posted by Mack Knife

Correct in going to the DMV, BAR and so on.

Do not threaten the seller in the manner stated above, that is called extortion and is a felony. The seller could do as you ask because you threatened them and then turn you in. The fact that they did something wrong has nothing to do with you using extortion to obtain money from them because that is exactly what you'd be doing.

Reporting fraud and a business faking smog certificates is felonious extortion?

[marcopolo666]

Originally Posted by bigdumbgod

Reporting fraud and a business faking smog certificates is felonious extortion?

No, "threaten the seller that you'll be contacting the CA Bureau of Automotive Repair about the illegal smog check that was performed if they don't refund your money and take back the car." is felonious extortion. (i.e., "if you don't give me my money back, then ...").

[bigdumbgod]

Originally Posted by marcopolo666

No, "threaten the seller that you'll be contacting the CA Bureau of Automotive Repair about the illegal smog check that was performed if they don't refund your money and take back the car." is felonious extortion. (i.e., "if you don't give me my money back, then ...").

So, saying you're gonna report a crime is felonious extortion.
You're not threatening criminal behavior unto to the seller, you're threatening to report his criminal behavior.

[zitsky]

This should be a lesson to everyone to pay for their own mechanic's inspection and/or smog check before buying.

[marcopolo666]

Originally Posted by bigdumbgod

So, saying you're gonna report a crime is felonious extortion.
You're not threatening criminal behavior unto to the seller, you're threatening to report his criminal behavior.

threatening to report a crime if the person doesn't do what you want is a crime, yes.

Situation : "Hey lady, I just got a video on my iPhone of you keying that Ferrari over there. Of course, if you drop to your knees and take care of a little problem I have, I'll just erase it instead of calling the cops." Yup, that's a crime.

[blanksauce]

According to California Smog Regulations, a smog check is the SELLERS responsibility. An "as-is" situation DOES NOT apply when it comes to a smog. Even if the car is sold AS IS it is STILL REQUIRED to have a legal smog check.

State law also says that if you do buy a car that failed a smog or "illegally" passed one, the buyer is entitled to fix the car and sue the seller for all smog related repairs.

[url=http://www.dmv.ca.gov/vr/smogfaq.htm#BM2537]Smog Information[/url]