I blogged recently on this issue here:
They simply cannot sell it without properly smogging. If they cheated that's even worse. How do we prove this? It can be an expensive proposition.
Maybe they cheated somewhere else too? I tend to think these guys are so crooked they always try to make an extra hundred somewhere which is why I look at all documents to see if they did all things legally. Feel free to get in touch for a no fee review with my statewide consumer protection office.
Of course you have to be able to prove it but if the illegally smogged it then that might be fraud. When someone lies to you about something that was important to you in deciding to buy their car, lawyers call that Car Sales Fraud or AutoFraud. Unless the lie is obvious, you have the right to rely on what they tell you to be the truth. Each state has its own definition of what fraud is but basically it is a lie that costs (or can cost) you money. If you find out quickly, you may have the right to cancel the sale if the vehicle is still in substantially the same condition as it was when you got it. If not, or if you don’t find out for a long time, then you still have the right to recover damages for being lied to. Your damages will typically be the cost to repair the car up to the condition that you thought it was in when you bought it, or the difference in value of the car (between good car and bad car). But your rights can also be affected by the paperwork you sign too and you may get other warranties or legal rights that you may not even know about. There are often other ways to cancel a deal that exist legally too. Also, every state has a “Udap” law although each one is a little different too. These laws are intended to make it illegal for a merchant or business to do anything that is unfair or deceptive or unconscionable to a consumer in a consumer transaction. That law might help you too. You need to talk to a local Consumer Law attorney who deals with this kind of case (it's called "autofraud" or car sales fraud) and show them your sales papers. You can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers who handle Car Sales Fraud cases (www.USLemonLawyers.com) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote Up” review below. And be sure to mark your best answer so we can all be sure we are doing good work. Thanks for asking and Good Luck.
For a Free Online National List of Consumer Law Lawyers Click Here
There’s a Law to Stop Unfair Sales Practices, Click Here
What Is Fraud? Read this Avvo Legal Guide, Click Here
How To Avoid Buying a Lemon Used Car? Click Here
Read a Car Dealer Slang Dictionary, Click Here
Learn the 3 Kinds of Fraud, Click Here
This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. For a Free Online 50 State National List of Consumer Law Lawyers, click on this link (http://tinyurl.com/79ku5jx) and find one near you
If they knew the car could not pass a smog and did a fraudulent smog test then you definitely have a valid claim against the dealership. You will, however, need to prove the vehicle was improperly smogged prior to your purchase. At this point, I would do two things: 1) Order a Carfax vehicle history report to see the prior history of the vehicle you purchased; and 2) Take the vehicle to a smog technician to see if he/she can inspect the vehicle and provide you with an opinion as to whether the vehicle could have passed prior to your sale. This will give you an idea as to what problems were present in the vehicle prior to your purchase and whether the dealership knew about them. If the dealership did know about them, then it needed to disclose them to you...even if the car was sold with an "as is" sticker on it. I have been specializing in this area of the law for over eight years. If you would like to discuss this further, please feel free to contact me for a free consultation. I wish you luck!