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Old 08-05-2014, 07:39 PM
 
1 posts, read 17,912 times
Reputation: 11

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Bought a used car from a car dealer in California that squires vehicles through lien sales. The car was sold as is. The car would not pass smog. I paid the dealership itself about $2,500 in repairs to help it pass and it still wouldn't pass. Was this legal for them to sell it to me like that? It didn't even have a catalytic converter on it when I bought it.
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Old 08-05-2014, 07:50 PM
 
133 posts, read 274,684 times
Reputation: 211
Yep, totally legal, as is means, "your problem now."
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Old 08-05-2014, 08:10 PM
 
Location: San Antonio, TX USA
5,251 posts, read 14,238,155 times
Reputation: 8231
As is, means just that AS IS. Didn't you inspect the vehicle before you bought it? Even the most basic inspection would have reveled a missing cat.
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Old 08-05-2014, 08:20 PM
 
Location: Riverside Ca
22,146 posts, read 33,509,477 times
Reputation: 35437
In California there is no way to reregister a car from a dealer or private seller without the vehicle passing smog. In California the SELLER/Dealer is responsible for testing and passing smog on a vehicle in order to sell it. Only then can the buyer register it. There is no way to register a vehicle in a buyers name without passing smog. The test is good for 90 days from the date of the test after that it needs to be retested again
Unless the buyer bought the vehicle as a parts NON RUNNING vehicle as a project ( and even then before put on the road it has to be smogged) or the vehicle is pre 73 or 75 ( can't remember witch) or pre 99 diesel it has to be smogged. OP can simply go take the dealer to court and force a buy back. Also OP you should of never paid to fix the car as it wasn't his responsibility.

The dealer did a illegal car sale. You can contact the DMV. They oversee car dealers
http://oag.ca.gov/consumers/general/automobile_dealers
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Old 08-05-2014, 08:42 PM
 
793 posts, read 1,419,149 times
Reputation: 422
Quote:
Originally Posted by Electrician4you View Post
In California there is no way to reregister a car from a dealer or private seller without the vehicle passing smog. In California the SELLER/Dealer is responsible for testing and passing smog on a vehicle in order to sell it. Only then can the buyer register it. There is no way to register a vehicle in a buyers name without passing smog. The test is good for 90 days from the date of the test after that it needs to be retested again
Unless the buyer bought the vehicle as a parts NON RUNNING vehicle as a project ( and even then before put on the road it has to be smogged) or the vehicle is pre 73 or 75 ( can't remember witch) or pre 99 diesel it has to be smogged. OP can simply go take the dealer to court and force a buy back. Also OP you should of never paid to fix the car as it wasn't his responsibility.

The dealer did a illegal car sale. You can contact the DMV. They oversee car dealers
Automobile Dealers | State of California - Department of Justice - Kamala D. Harris Attorney General

Bingo. Ignore the previous people. Electrician has it right.
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Old 08-05-2014, 09:18 PM
 
4,833 posts, read 5,730,843 times
Reputation: 5908
Yep, you should be able to return the car.

Same rules apply in Colorado regardless if private or through dealer. Seller is ALWAYS responsible for emissions test and buyer can return car if it fails
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Old 08-06-2014, 01:14 AM
 
1,965 posts, read 3,308,497 times
Reputation: 1913
Quote:
Originally Posted by Electrician4you View Post
In California there is no way to reregister a car from a dealer or private seller without the vehicle passing smog. In California the SELLER/Dealer is responsible for testing and passing smog on a vehicle in order to sell it. Only then can the buyer register it. There is no way to register a vehicle in a buyers name without passing smog. The test is good for 90 days from the date of the test after that it needs to be retested again
Unless the buyer bought the vehicle as a parts NON RUNNING vehicle as a project ( and even then before put on the road it has to be smogged) or the vehicle is pre 73 or 75 ( can't remember witch) or pre 99 diesel it has to be smogged. OP can simply go take the dealer to court and force a buy back. Also OP you should of never paid to fix the car as it wasn't his responsibility.

The dealer did a illegal car sale. You can contact the DMV. They oversee car dealers
Automobile Dealers | State of California - Department of Justice - Kamala D. Harris Attorney General

100% correct, and it is pre 1976 now that is smog exempt. Smogging is the only thing that trumps "as-is" in CA.
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Old 08-06-2014, 06:11 AM
 
Location: Cold Springs, NV
4,625 posts, read 12,288,797 times
Reputation: 5233
Quote:
Originally Posted by Electrician4you View Post
In California there is no way to reregister a car from a dealer or private seller without the vehicle passing smog. In California the SELLER/Dealer is responsible for testing and passing smog on a vehicle in order to sell it. Only then can the buyer register it. There is no way to register a vehicle in a buyers name without passing smog. The test is good for 90 days from the date of the test after that it needs to be retested again
Unless the buyer bought the vehicle as a parts NON RUNNING vehicle as a project ( and even then before put on the road it has to be smogged) or the vehicle is pre 73 or 75 ( can't remember witch) or pre 99 diesel it has to be smogged. OP can simply go take the dealer to court and force a buy back. Also OP you should of never paid to fix the car as it wasn't his responsibility.

The dealer did a illegal car sale. You can contact the DMV. They oversee car dealers
Automobile Dealers | State of California - Department of Justice - Kamala D. Harris Attorney General
Bingo, the dealer must refund your money, and is their problem.
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Old 08-06-2014, 07:21 AM
 
Location: Poway, CA
2,698 posts, read 12,169,054 times
Reputation: 2251
Quote:
Originally Posted by Electrician4you View Post
In California there is no way to reregister a car from a dealer or private seller without the vehicle passing smog. In California the SELLER/Dealer is responsible for testing and passing smog on a vehicle in order to sell it. Only then can the buyer register it. There is no way to register a vehicle in a buyers name without passing smog. The test is good for 90 days from the date of the test after that it needs to be retested again
This

Quote:
Originally Posted by Electrician4you View Post
The dealer did a illegal car sale. You can contact the DMV. They oversee car dealers
Automobile Dealers | State of California - Department of Justice - Kamala D. Harris Attorney General
It should be noted that the link you posted only assists mediation with a new car dealership.

Here's a link to the CA DMV FAQ section on smog, reinforcing the CORRECT (*cough* first two responders *cough*) information regarding who is responsible for a used vehicle passing smog: https://www.dmv.ca.gov/vr/smogfaq.htm

It's something to definitely be aware of. Used car sales happen in CA all the time where the buyer isn't aware this responsibility falls on the seller. It gets messy, especially if the seller is/was a private party.

I'd contact the state Bureau of Automotive Repair (BAR) and get their advice on how to move forward. The contact is in the link I provided. Or, you could fill out the Record of Complaint form in Electrician4you's post.

Mike
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Old 08-06-2014, 09:14 AM
 
2,156 posts, read 3,331,600 times
Reputation: 2837
I'm not 100% sure but I think you can go after the car dealer's insurance bond. All car dealership in CA requires a bond to do business, without it, they are dead in water. Do your research on car dealership bond or you can call up one of those car dealership school and ask them about how bonds work.
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