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What legal recourse do I have against the seller of a vehilce i purchased private party in the State of California?

Santa Ana, CA |

My wife purchased a car and went to go get it smogged to transfer the title, but the check engine light came on while she was driving to the smog station. The shop owner informed her that it is the seller's responsibilty to get the vehicle smogged and to complete whatever repairs are required in order for the car to pass smog. The repairs totalled $2,400 and the seller only wants to pay for half of it.

Attorney Answers 2


  1. The seller is required to provide the buyer with a valid smog inspection certification at the time of the sale or transfer. Smog certifications are good for 90 days from the date of issuance. If the seller won't pay, you can take the seller to small claims court.

    First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.


  2. Your best bet in this situation is going to be a demand letter from a local attorney or a small claims action against the seller.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. For more information, you can reach my office at: ww.EGoldLaw.com or by calling: 818-279-2737.

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