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I'm new to California. Found a 1998 Toyota Avalon for sale right down the street from my house. Guy wanted about 2000 for it.. Test drove it and he verbally told me the vibrations were from motor mount needing to be replaced. No problem. Decided to buy it reviews were great on 98 avalons. Paid 1000 cash and had him put gift on title. Went to dmv to register it... Got told it was in non opt.. And I had to smog to register OT... No problem. Went to smog can't pass because of check engine light... Great!! Had a bunch of sensors replaced the rack and pinions replaced blah blah all about 800 worth of crap... Still refused to pass. Went back to the guy who. Sold me the car and he says he never sold it he was a middle parhe the car was parking in front of his lot and he just happened to have the title. I'm not gonna keep dumping. Money into this car and it's not passing smog. I can't even sell it because I have no Smog certificate to give the buyer. What should I do? I know if I go to small claims I can't get my 1000 back because theres no proof I paid cash esp since he wrote gift on the title
And on the title and Bill of sale there is no NON opt crap or no Parts sale crap either.
With a title that says gift you have no loss and no claim for damages--but you know that already.
You can get a junk certificate and either part it out or sell it on the junk certificate and it's up to the buyer whether they want to get it to the point where it can be smogged again.
I don't think he can legally give it away without a smog certificate, so you have a case in small claims court for him not providing one, but you kind of screwed yourself by asking him to write 'gift' on the title, so even if you won in court how could you get more than you paid which you claimed was zero. Your only option would be to admit you lied and asked the seller to put that on the title, but I sure wouldn't want to go down that road -especially in front of a judge
Maybe try another mechanic and ask them why it won't pass, maybe it's something simple that the first mechanic missed? If there is still a check engine light you can get an OBD2 reader that will communicate with your smartphone via bluetooth for a few bucks and give you a good idea as to why it's failing, a mechanic would charge you around $100 to do the same thing. If no check engine light, then it's probably failing visual from exhaust smoke which could be rings, a bad head gasket or something worse.
Not only was it reported as a gift... it was also registered Non-Op...
Part of the problem with buying a car in California from a private party is it can become very technical... not like the old days... a car can run fine and have a check engine light for any of maybe 100 different things... gas cap not tight is one that cost my neighbor a lot of grief...
Turns out his daughter was not putting the cap tight enough to the "Click"
At one time I knew with certainty smog rules and regs... things have changed and I no longer keep up...
That totally sucks. I have a hunch the "middle' guy knew the true condition of the car. Anyway, the word "gift" works against you. Was this your idea or his? As already mentioned above I would get a few more opinions from mechanics. Yes, the car can be fixed so it can pass smog but only you will know if it's worth spending more money as you stated you don't want to dump more money on it. The worst case scenario is to take the car to a junkyard for some cash. You only paid $1000 for the car. You may get up to $400 or so for it there and you'll be out the money you spent on it trying to get it to pass smog plus anything you may have spent at the DMV. Looks like all in all you'll be out $800 for the repairs and minus $600 (valued $400 at the junk yard) for a total of $1400. Ouch.
Go to another mechanic or two for their opinions.
Also, I don't know what the current Kelley Blue Book value on that car is. Perhaps if the car was smogged, registered and it drove OK you can break-even or even turn a little profit on it. You have $1800 into the car. Maybe the car is worth $2800 smogged and registered. You have another $1000 as a buffer. You need to know what these cars are going for plus what it will cost to repair to know if all of this is worth it.
Last edited by MountainBiking; 06-17-2015 at 03:17 PM..
I don't think he can legally give it away without a smog certificate, so you have a case in small claims court for him not providing one, but you kind of screwed yourself by asking him to write 'gift' on the title, so even if you won in court how could you get more than you paid which you claimed was zero. Your only option would be to admit you lied and asked the seller to put that on the title, but I sure wouldn't want to go down that road -especially in front of a judge.
Just wanted to post an update...
In 2009 I trailered a friends BMW 2002 to my place to store it for him while he was stationed overseas...
Last year I asked him if he still wanted the car after 5 years in my carport.... he said it's mine if I want it.
Two weeks ago we met at the DMV window... he had paperwork in hand and he gave it to me.
Normally the car would require a smog... but since it is registered non-op and I did a Title only transfer... no Smog required...
Just got the Title today in the mail...
Car sounds good... needs lot of work as most 35 year old cars that have been sitting.
So my first hand experience is NO SMOG was required in my case... Non Op car with Title Only Transfer...
If I want to put it on the road... I will need to trailer it or get a trip permit and pass a Smog Test and then I can pay registration and add it to my insurance...
In 2009 I trailered a friends BMW 2002 to my place to store it for him while he was stationed overseas...
Last year I asked him if he still wanted the car after 5 years in my carport.... he said it's mine if I want it.
Two weeks ago we met at the DMV window... he had paperwork in hand and he gave it to me.
Normally the car would require a smog... but since it is registered non-op and I did a Title only transfer... no Smog required...
Just got the Title today in the mail...
Car sounds good... needs lot of work as most 35 year old cars that have been sitting.
So my first hand experience is NO SMOG was required in my case... Non Op car with Title Only Transfer...
If I want to put it on the road... I will need to trailer it or get a trip permit and pass a Smog Test and then I can pay registration and add it to my insurance...
Yes, that's true and I have posted that exact thing in several threads when this question has came up. non-op it, write a bill of sale stating that the vehicle doesn't run and is being sold for parts only and there is no recourse for the buyer to come back at you.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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I see the biggest problem as being the mechanic that replaced the sensors, it sound like they are throwing parts at it. With the right equipment and expertise, they should be able to determine the cause of the failure for a diagnostic charge of about $100, and give you an accurate estimate to repair it. Also, are you aware of the state program that provides assistance in smog repairs, or will pay you $1,000 to "retire" the car?
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