Skip to main content

In a private party "as is" used car sale, can I get my money back if the car wont pass smog?

Las Vegas, NV |
Filed under: Lemon law Used cars

I purchased a car from a private party. It appears to run good, and I was assured it was maintained and that I'd have no problem at DMV. 3 days later it would not pass smog, which prevents me from registering it and transferring title. Am I entitled to cancel the sale and get my money back?

Attorney Answers 1


Probably. Most states have an emissions law that says if you buy a car and it won't pass a mandatory emissions test, then you may have the right to cancel the sale. Some sellers and car dealers generally will try to talk you out of it, but these laws generally apply to all sellers and not just car dealers. Cancelling the deal would mean giving them back the vehicle and getting back all of your money. If you are happy with the car, then you may want to try to talk the seller into doing any necessary repairs so that you will keep the car. It’s all negotiable, but if you can’t work it out agreeably, then to find out what your state law says for sure, you need to talk to a local Consumer Law attorney who deals with this kind of case. Call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you or you can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers ( 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, 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. Ron Burdge,

This answer is for general purposes only and does not establish an attorney-client relationship. Click the link to find a Consumer Law attorney near you.

Mark as helpful

2 lawyers agree

Lemon law topics

Recommended articles about Lemon law

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics