The car will not pass emissions, so the title cannot be put in her name without a bill of sale. She cannot drive, sell or register the car without a bill of sale.
what can she do to force the seller to give her a bill of sale?
Lemon Law Attorney
In those states that require a vehicle to pass an emissions test before it can be registered, the laws generally say that if it won't pass then the buyer has a right to cancel the purchase against the seller if you actu promptly. If you want to keep the vehicle and the seller won't give you a bill of sale (now that is stupid of them since you have the legal right to make them take it back anyway), then your best bet is to tell them that if they don't give it to you then you will call your state dealer license investigator. Car dealers hate to get calls from those people and will probably act quickly to keep you from calling the state investigators down on them. If that doesn't work quickly (and it should) then next you should think about cancelling the deal by sending a certified mail letter to the dealer saying that they didn't give you a bill of sale and you can't pass the emission test so you are cancelling the sale and want your money back within ten days (that is a reaosnable amount of time). Don't hold your breath for that check to arrive. Instead, call the state dealer licensing investigators office asap. They usually are part of the state bureau of motor vehicles, so start there trying to find them. If you still aren't getting any satisfaction, then it is time to go legal. Talk to a car sales fraud lawyer or Consumer Law lawyer right away and take action before the time runs out on your claim. You can find one at www.USLemonLawyers.com, where there is a 50 state list of Consuemr Law lawyers - most of them also handle autofraud cases like this too and they don't pay to be listed at that web site. And most of them are also members of the only national organization of Consumer Law lawyers in the coujntry, Naca.net. If this answer was helpful please give it a Vote UP review below. And be sure to indicate/mark what you think was the best answer you got too, so we can all be sure we are doing our job good. Thanks and good luck. Ron Burdge, www.CarSalesFraud.com
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. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.