Help! I am looking to get my money back for my car!!! (sale, buying)

[BANNB]

Hello.
I have recently purchased a car here in CA where the owner did not smog the car before selling it. There is a difference in my story than others though, here it is;
I bought a car from a private seller that did not smog it.
After my purchase of the car I took it to get it smogged and registered myself. My car did pass smog and I was able to register it. Shortly after my check engine light temporarily came on and shortly after that it broke down.
My question is will I still be able to get my money back for this purchase even though I was able to smog it?
It still broke down and previous owner still illegally sold this car without a smog check
I do not want to be responsible for the repairs on this car, I just want my money back and to move on.
Any knowledgeable feedback is appreciated.

[expatCA]

Originally Posted by BANNB

Hello.
I have recently purchased a car here in CA where the owner did not smog the car before selling it. There is a difference in my story than others though, here it is;
I bought a car from a private seller that did not smog it.
After my purchase of the car I took it to get it smogged and registered myself. My car did pass smog and I was able to register it. Shortly after my check engine light temporarily came on and shortly after that it broke down.
My question is will I still be able to get my money back for this purchase even though I was able to smog it?
It still broke down and previous owner still illegally sold this car without a smog check
I do not want to be responsible for the repairs on this car, I just want my money back and to move on.
Any knowledgeable feedback is appreciated.

Typically used cars are sold As Is and you cannot get your money back.

[Des-Lab]

Originally Posted by expatCA

Typically used cars are sold As Is and you cannot get your money back.

^ This.

You're stuck with it.

This is not Ebay and PayPal, where their policies allow what is effectively sanctioned theft, where you can buy an item, receive it, then file a no-questions-asked dispute of some kind, and then you get to keep the item *AND* be refunded in full. Sucks to be the seller. But unfortunately (for you), buying a car just doesn't work that way.

[BANNB]

Originally Posted by Des-Lab

^ This.

You're stuck with it.

This is not Ebay and PayPal, where their policies allow what is effectively sanctioned theft, where you can buy an item, receive it, then file a no-questions-asked dispute of some kind, and then you get to keep the item *AND* be refunded in full. Sucks to be the seller. But unfortunately (for you), buying a car just doesn't work that way.

Im sorry I didnt specify...
Im not trying to keep the car and the money, I dont want the car, just my money back because its not worth what I payed and I wont get that back by selling it. They can have the car back or whatever they wanna do with it.
Thank you.

[BANNB]

Originally Posted by expatCA

Typically used cars are sold As Is and you cannot get your money back.

In the state of CA the courts do not recognize an 'as is' sell. Even being sold a car 'as is' the seller is responsible to smog it before selling(which I was unaware of at the time of purchase)

[cb73]

Originally Posted by BANNB

In the state of CA the courts do not recognize an 'as is' sell. Even being sold a car 'as is' the seller is responsible to smog it before selling(which I was unaware of at the time of purchase)

And you just answered your own question. "in the courts."


File a civil lawsuit against the buyer and take him to court.

[BANNB]

Originally Posted by cb73

And you just answered your own question. "in the courts."


File a civil lawsuit against the buyer and take him to court.

I am the buyer. I purchased this car. I just want to know if I still have the same rights even though my car did pass smog...it wasnt by the seller and it wasnt before my purchase of the vehicle.

[CSD610]

Originally Posted by BANNB

In the state of CA the courts do not recognize an 'as is' sell. Even being sold a car 'as is' the seller is responsible to smog it before selling(which I was unaware of at the time of purchase)

If you already know the answer as you wrote above why are you here asking? Perhaps all details should be verified before you give someone money and take the keys. The vehicle has been in your possession so the burden of proof that the seller knew the vehicle needed repair is on you not them.

[expatCA]

Originally Posted by BANNB

In the state of CA the courts do not recognize an 'as is' sell. Even being sold a car 'as is' the seller is responsible to smog it before selling(which I was unaware of at the time of purchase)

The smog issue is one thing, the failure of the engine is another. It is a used car and was bought as is unless a warranty or some misrepresentation was made. It drove, passed the smog test and later had the failure. hard to say to the seller you need to buy it back because now it failed.I doubt a court would do anything besides make the seller pay for the smog test, if that.

[oldtrader]

The car would have passed the smog check no matter who had it tested. The car at time of sale, was running well, and could pass a smog check.

It is something else that went bad, which you have not said anything about except the car had the light come on temporarily and then quit.

You are trying to use a technicality to get your money back. The break down had nothing to do with the smog check.

The judge is going to tell you, it is your problem as the car at sale was capable of passing the smog check.