If I purchased a car and the guytold me the smog certificatehad beensubmitted electronically to the DMVbut it wasn’t, is there anything I can do?

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If I purchased a car and the guytold me the smog certificatehad beensubmitted electronically to the DMVbut it wasn’t, is there anything I can do?

Asked on July 28, 2011 California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You could sue the seller for fraud.  Fraud is the misrepresentation of a material fact made with knowledge of its falsity with the intent to induce your reliance upon which you justifiably relied to your detriment.

Seller misrepresented the status of the smog certificate to induce you to purchase the vehicle.  You justifiably relied on seller's intentional misrepresentation to your detriment.

Your damages (the amount of compensation you are seeking) in a lawsuit for fraud would be either the benefit-of-the-bargain or your out-of-pocket-loss.

Benefit-of-the-bargain means the defrauded purchaser can recover the difference between the real and represented value of the property (car) purchased regardless of the fact that the actual loss may have been less.

Out-of-pocket-loss means recovery of the difference between the price paid and the actual value of the property (car) acquired.

If the car fails the smog test, this will provide additional evidence of fraud.


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