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Can a Texas car dealer sell a car that will not pass the emisions part of the inspection

Arlington, TX |

We purchsed a vehicle as is from a used lot. The car was not inspected, but they told us to bring it back when they got the plates to have it inspected. 1 week after bringing it home the check engine light came on. We hooked it up to a OBD monitor which said it will fail the emisions testing. We have to take it back this weekend so they can have it inspected. What can we do if it does not pass?

Attorney Answers 2


These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.

You may not be able to do anything if you bought the "as is." If you were given a warranty, then the dealer must fix the car enough to pass the emissions test. You could ask the dealer to exchange the car, but under the contract, he really doesn't have to do it.

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There could be a way to get it fix, even if you bought it as is, if the dealer knew of the defect and failed to disclose it to you, but that is hard to prove.

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