Found an issue on this page? Let us know and we will look into it as soon as possible.
Sold a car without smog in CA now seller is suing me for the car and the repairs. What can i do?
Anonymous6 views2 answers
Sold a car without smog for 5k on craigslist, he knew everything, told the buyer that the car had problems and couldn't pass smog. Few months pass and i get a paper in the mail saying he is suing me for 7k for the car and the repairs. My court day is in two weeks what should i do?
In California the Seller is responsible for the passing of smog. As per the CA DMV:
When a used vehicle is sold in California, the seller is legally responsible for making sure that the vehicle's emission (smog) control equipment complies with state requirements. There is no provision in the law allowing a seller to sell a vehicle "as is." The buyer must submit the certificate of compliance (smog certificate) to the Department of Motor Vehicles (DMV) when transferring registration of the vehicle. Without the smog certificate, the transfer of ownership cannot be completed.
The usual result in these cases is that either the money is refunded by the Seller and the vehicle returned or the seller pays for the repairs to allow passage of smog. Since small claims results may be flexible, you may seek to find some type of compromise with the buyer. Good luck.
