Can a car dealer sell a car that can’t pass an emissions test?

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Can a car dealer sell a car that can’t pass an emissions test?

My friend bought a used car for $4,000. She paid $3000 cash and with a promise to pay $1000, plus the $400 for the TTL within a month. She went to get the car inspected and they told her it wont pass emissions and she will need to buy a new converter which will be around $300. Can a dealership sell a car that won’t pass emissions test?

Asked on July 21, 2011 Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A car dealer has to sell a vehicle that will at least have passed or could pass state inspections. It appears here the dealership did something unethical and may be subject to a review by both your state department of motor vehicles and your state attorney general. If your friend purchased the motor vehicle "as is", this may be an impediment, however, if she agreed to sign a document that basically didn't guarantee anything about the car would work. Every state has minimum guidelines but make sure your friend has all of her documentation when she files the complaint.


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