How do I proceed with vehiclepurchase and saleif it didn’t pass emissions?

UPDATED: Oct 14, 2011

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How do I proceed with vehiclepurchase and saleif it didn’t pass emissions?

I purchased a vehicle from a private party for $2300. The agreement at the sale was that seller was to pay any and all smog related repairs in order for the car to pass if needed. The car did not pass smog. I have tried repeatedly for almost 4 months to get the seller to contact me back after sending numerous texts and making numerous calls. They simply won’t respond. To make matters more complicated it turns out that the vehicle was a gift from their sister and the seller never registered it or even transferred ownership into their name. I tried to contact the sister but am getting no response.

Asked on October 14, 2011 under General Practice, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you have written, it appears that the $2,300 purchase price for the vehicle that you obtained was conditioned upon it being able to pass California's emissions test and be able to be promptly registered in your name. Both have not happened.

Hopefully you have a written contract to this effect setting forth clearly the obligations owed to you by the seller and vice versa.

I would write the sellers a letter setting forth the problems with the vehicle and their promises to you concerning it stating that you wish to rescind your purchase of it and return it to them where you receive your purchase price back. Keep a copy of your letter for future reference.

If you get no response, your option is to sue the sellers in small claims court for your damages which would be the vehicle is not worth any part of your purchase price.

Good luck

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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