If I bought a car that won’t pass the emissions test, what can I do?

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If I bought a car that won’t pass the emissions test, what can I do?

I bought a car from a private party; he never gave me an emissions inspection certificate. I found out after the sale that the car needs close to $1000 in work to pass the test. He did not sell it to me with a salvage or “tow-away” title but the bill of sale says “as is”. Do I have a legal ability to make him pay for the repairs? Can I reverse the sale?

Asked on March 30, 2012 under General Practice, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the private party sold you the car you bought knowing that it would not have passed the emissions test that you are writing about, he or she should have disclosed this material fact in that had you known the truth about the car, you might not have bought it or paid the price paid.

The issue is whether or not the seller knew about the problems with the car that seemingly were not disclosed to you before the sale. If you can prove this knowledge, you have a factual and legal basis to cancel your purchase and get your money back. I would call the seller and request that the sale be rescinded where you get your money back. If that does not result in a resolution to your liking, your option is to bring a legal action for damages and or cancellation of the purchase contract.


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