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Old 03-23-2017, 12:26 PM
 
8 posts, read 8,571 times
Reputation: 10

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Hello everyone I wanted to get input on my situation first time buying a used car from a private party. The owner sold me a used Audi and had provided a bill of sale stating sold " as is " also the seller knew of the check engine light since it went on in the middle of our test drive. She gave me the option of her taking it in to the Audi dealership and getting it checked out but I said I'll take it today and have it checked out by my mechanic. Did some quick research of what could've caused the check engine light to turn on and online resources stated that probably a loose gas cap. Checked the gas cap and it was loose. Still went ahead to my mechanic and said it's a catalytic converter error code and car won't be able to pass smog. I reached out to her in regards of the situation not knowing that California law requires the seller to provide a smog certificate and only finding out through my mechanic. She said that we had both agreed that this is an " as is " sale and from the looks of it you're coming after me for repairs. She had given me the option of taking it in to her mechanic prior to handing me over the keys but I said to her that I'd take it that day and have my mechanic check it out. Also to mention I haven't received the title yet for we had both agreed to meet up the next following day to pick up the title of the vehicle prior to her knowing about the costly catalytic converter repair. So long story short am I responsible for the car to be fixed and passed smog or is it still the seller. Thank you in advance for your advice. Also I live in San Francisco Bay Area California.
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Old 03-23-2017, 12:32 PM
 
Location: Pikesville, MD
2,983 posts, read 3,093,054 times
Reputation: 4552
Quote:
Smog Certification

If the vehicle is over 4 years old, it is the seller's responsibility to provide proof of a current smog certification unless the a smog certification was submitted within the past 90 days. Proof of smog certification is not required if the title to the vehicle is being transferred within a family.

If you do sell it without a smog certification and it doesn't pass, the seller is responsible for repairing it to the smog certification standards.

California DMV Regulations for Selling Cars | DMV.org


Seems like an onerous thing to put on a seller, and I don't know of any other state that does that for private party sales (dealer sales, yes).
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Old 03-23-2017, 03:32 PM
 
Location: Florida
7,778 posts, read 6,390,372 times
Reputation: 15799
Some smog equipment has quite long warranties. You might want to check it out with the Audi dealer.
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Old 03-23-2017, 04:40 PM
 
8 posts, read 8,571 times
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The vehicle is a 2007 Audi A3. We were communicating very well since yesterday and now the seller hasn't been responding.
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Old 03-23-2017, 05:02 PM
 
15,446 posts, read 21,357,456 times
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Depending on whether the car is a 4-cyl or a 6-cyl that particular catalytic converter runs from $300 to over $500 at RockAuto.com, plus the labor to have it installed. This assumes also that nothing else in the exhaust system is broken, worn out or burned out. The cost of the cat. will likely be more if purchased locally.

Sorry to say this sounds like a small claim issue especially if the seller has not yet given you the title and you have already paid for the car.

Sorry to hear of your troubles.
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Old 03-23-2017, 05:39 PM
 
Location: Charlotte NC
364 posts, read 635,834 times
Reputation: 179
What code is it? We had a p0420 on the 06 corolla and replaced the cheaper parts first as it isn't always the cat. Finally we replaced the cat with an aftermarket version and that cleared it up. Did you get a crazy good deal on the car? Maybe it is worth fixing or getting a quote at a local mechanic.
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Old 03-23-2017, 06:16 PM
 
8 posts, read 8,571 times
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The car is a 6 cyl and my mechanic has mentioned it's a cat issue but I wasnt aware of the codes. Car was purchased for $5000 cash knowing the car was salvaged from previous owner( they replaced the trunk lift gate ). I've tried to reach her as well today and have not received any response
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Old 03-23-2017, 06:20 PM
 
8 posts, read 8,571 times
Reputation: 10
Also I am currently driving the vehicle since that is my only vehicle and I made sure I had it insured before driving it off her house. Will this cause any trouble as well? Should I keep using the vehicle for the mean time or not use it until everything is settled.
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Old 03-23-2017, 06:23 PM
 
Location: Riverside Ca
22,146 posts, read 33,544,925 times
Reputation: 35437
Quote:
Originally Posted by Joecm87 View Post
Hello everyone I wanted to get input on my situation first time buying a used car from a private party. The owner sold me a used Audi and had provided a bill of sale stating sold " as is " also the seller knew of the check engine light since it went on in the middle of our test drive. She gave me the option of her taking it in to the Audi dealership and getting it checked out but I said I'll take it today and have it checked out by my mechanic. Did some quick research of what could've caused the check engine light to turn on and online resources stated that probably a loose gas cap. Checked the gas cap and it was loose. Still went ahead to my mechanic and said it's a catalytic converter error code and car won't be able to pass smog. I reached out to her in regards of the situation not knowing that California law requires the seller to provide a smog certificate and only finding out through my mechanic. She said that we had both agreed that this is an " as is " sale and from the looks of it you're coming after me for repairs. She had given me the option of taking it in to her mechanic prior to handing me over the keys but I said to her that I'd take it that day and have my mechanic check it out. Also to mention I haven't received the title yet for we had both agreed to meet up the next following day to pick up the title of the vehicle prior to her knowing about the costly catalytic converter repair. So long story short am I responsible for the car to be fixed and passed smog or is it still the seller. Thank you in advance for your advice. Also I live in San Francisco Bay Area California.

As is doesn't matter in California when it comes to a vehicle and smog. The seller has to smog the vehicle. Unless the car was sold as a parts vehicle or wreck/salvage/nonrunning. Tell her that she needs to take the car back and refund you your money or she pays for the repair or you'll take her with court.

Read more of your thread. You paid 5k for a salvaged car? And are currently driving it? Yeah you'll need to take her to court if you want money

Last edited by Electrician4you; 03-23-2017 at 06:48 PM..
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Old 03-23-2017, 06:35 PM
 
8,007 posts, read 10,430,859 times
Reputation: 15032
As others have pointed out, CA is different. But lesson learned - never, ever buy a used car without having a mechanic look at it FIRST. What if it ended up needing a repair costing thousands of dollars (not unheard of with an Audi)? I never understood having a mechanic look at if afterwards.
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