Purchased car in Ca will not pass smog(possible fraud?) (buyer, law)

[2sleepy]

Originally Posted by NoMoreSnowForMe

If you qualify, the state will give you up to $500 to get it repaired so it will pass smog.

Also, I just learned today, that not all counties require smog tests! I actually live in a county that does not require smog tests. The downside to this, is that then my current car can't fail it, so the state probably won't allow me the option to "retire" it, and get the state to buy it, as I'd planned. So, it's bitter sweet info LOL!

The upside, is I'm hoping to buy a used Toyota next year in Oregon, where I can get one cheaper, which normally would have to pass a smog test for Ca, but I think this means I won't have to have it smogged. Anyway, this is what I was trying to figure out - what I'd have to do if I wanted to register an out-of-state vehicle here, and learned I don't have to have my cars smogged in Del Norte County. I had no idea. I thought it was a state-wide requirement.

So, maybe you could move to Del Norte County every two years? LOL

While Del Norte County does not require biennial smog, it is a 'smog on register' county, so any car being registered to you for the first time in that county does require a smog check. You will also need a vin check (done at DMV) and you will pay normal fees associated with any vehicle registration. The state will not give you any money to initially pass smog, that is only true for subsequent registrations.

[2sleepy]

Originally Posted by DaleK

IF worse comes to worst and you cannot get restitution and want to sell your vehicle you can get $1000 or $1500 depending on your income from CA. My DH just sold his 1989 Mistubishi Van for $1000, which was more than it was worth!

Car Scrappage - Voluntary Accelerated Vehicle Retirement

That's a great program if the vehicle has been owned by you for two years and previously passed smog, but it won't work for a car you just bought, if it did I would buy 10 beaters a week for $500 and sell them for $1000 to the State.

[Ultrarunner]

Just be really careful buying an older car without proof it has passed California smog in the last 90 days...

Newer cars under manufacturer's warranty not so risky as most things would be covered...

[NoMoreSnowForMe]

Originally Posted by 2sleepy

While Del Norte County does not require biennial smog, it is a 'smog on register' county, so any car being registered to you for the first time in that county does require a smog check. You will also need a vin check (done at DMV) and you will pay normal fees associated with any vehicle registration. The state will not give you any money to initially pass smog, that is only true for subsequent registrations.

You're absolutely right. I talked to the DMV today and they told me this. That when a vehicle is first brought into this state, it has to pass smog, even in Del Norte County. But, then I wouldn't have to do the biennial smog check after that.

And, unfortunately, I also can't get paid to retire my old Toyota in Del Norte County. Wah. There are some counties that will pay you to retire your old vehicle, even if it passed it's last smog test, and even if you are not required to smog your car, but not in Del Norte County.

[steel7]

The state of ca makes bank on smog tests. For every car that passes ca makes $8.25. That's a lot considering their are millions of cars in ca. They want my old car off the road permanently. Smog tests in ca are the toughest to pass in the nation.

[SingleMoM3boys]

Hello thank you for your suggestions! I am currently collecting estimates for repairs and gathering messages. I recently sent him a letter requesting settlement, certified mail.i immediately received a phone call and additional messages offering me only half the amount I had originally paid for the vehicle. I denied their offer and am pursuing legal action. I honestly do not even want the vehicle and would love for him to take it back and pay for the exposes I have already incurred. Would that be done through small claims as well? I am a bit confused as the what I can recover and what suit to file..😕

[SingleMoM3boys]

Originally Posted by Big-Bucks

This is why you take the car to a mechanic before you purchase it.

I've noticed that there's a lot of cheapskates on Craig's List. I listed my car for sale as "firm price, No negotiations, Buy it or leave it" and still got all of these douche bags calling to ask if I would take $1,000 less. I wound up putting it on AutoTrader and it sold within 2 days. Had a very respectable guy come by and buy it.

Another thing to look out for (but as a seller) is to not accept anything other than cash.

I TOTALLY AGREE ! I have learned a hard lesson!😔

[MarciaMarshaMarcia]

Singlemom, read the recent San Diego thread titled " I just bought car w/o recent smog test", or something like that. Info there could help.

[2sleepy]

Originally Posted by SingleMoM3boys

Hello thank you for your suggestions! I am currently collecting estimates for repairs and gathering messages. I recently sent him a letter requesting settlement, certified mail.i immediately received a phone call and additional messages offering me only half the amount I had originally paid for the vehicle. I denied their offer and am pursuing legal action. I honestly do not even want the vehicle and would love for him to take it back and pay for the exposes I have already incurred. Would that be done through small claims as well? I am a bit confused as the what I can recover and what suit to file..😕

Yes, it would be a small claims case. You can ask for the seller to take the car back, return your money plus what you have paid for repairs and any other fees, like renting a vehicle so that you could get around, tow fees, etc. Or you can tell the Judge you want to keep the car but you want him to pay for repairs so that it will pass smog, that's up to you.

Bring as much documentation as you can, text messages, the original ad for the vehicle etc. Make sure you bring documentation from the smog shop and if possible get him to appear as a witness or at least give you a notarized written statement. This is the California Vehicle Code Section that you will rely upon when filing your small claims case: California Vehicle Code (V C Sec.24007) which requires a used car seller to "smog" the car prior to sale. https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcmath:/dmv_content_en/dmv/pubs/vctop/vc/d12/c1/24007

The law is clear and the seller cannot claim that you knew the car wouldn't pass smog because that does not negate his responsibility to provide you with a valid smog certificate. Some small claims courts have someone available to answer questions about the process, but this should tell you what you need to know:
The Small Claims Court, A Guide to Its Practical Use - California Department of Consumer Affairs

Best of luck and keep us informed!

[Ultrarunner]

Your one step ahead in that you know how to reach the seller...

I've seen simple recisions... the vehicle returned and money refunded.

If the sale is canceled... any tax paid should also be refundable... although it can be a lot of filling out forms to make it happen.