I got a car from a private seller. Told me this that and the other. Told me the car is fine its been well maintained and babied. After having it for just 2 days I have come to realize other wise. It needs new struts, bushings, tires, transmission, and its been in an accident or two. Granted its a clean title but I took it to a body shop and they said the bumpers on it are not the correct ones. They never gave me anything as far as getting smog. Is there a way I can take it back and get my money back? I have the pink slip and title but nothing is in my name as of now.
You can ask the seller for a refund, but nothing under California law permits you to legally return the vehicle to the seller for a refund.
Were you given an opportunity for your own mechanic to inspect the vehicle before you purchased it?
If you bring a lawsuit, you can probably sue for fraudulent misrepresentation. Your remedies would be for monetary damages or rescission.
Under California law, the seller of a vehicle is required to provide the buyer with a valid smog inspection certification at the time of the sale or transfer. Section 24007 (b)(2) of the California Vehicle Code provides that it is the responsibility of the seller to provide a valid smog certificate at the time of delivery of the vehicle.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.
Frank is right about that smog test and that may help you the most. Buying a car in a private sale can be risky because the law is very different from a car dealer purchase. When a person sells a motor vehicle to another person, and neither of the seller is not in the business of selling vehicles, then in most states the only obligation on the seller is to answer your questions honestly and not hide anything that they know you would want to know before deciding to buy it. If the seller lies to you or hides something from you, that can be fraud in most states. The seller also has to tell the truth about the mileage on the car too by filling out correctly and honestly an odometer statement for the buyer. And in those states that require mandatory emissions tests in order to get a vehicle licensed to drive on the road, many of those states say that if the emission/pollution equipment was disabled or removed then the buyer may have the right to cancel the sale. If none of that applies to your deal, then you may be stuck. To find out for sure, you need to talk to a local Consumer Law attorney. 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 (http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml) 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 it a Vote Up below. Thanks for asking and good luck. Ron Burdge, www.BurdgeLaw.com
Go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers
How can you avoid buying a lemon used car? Click here to find out
How to Avoid Buying a Lemon Used Car in 7 steps, 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. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.
Looks like from your post that the smog option is your best shot at reversing the sale. Good luck with it...
I'm sorry to hear about the problems you are having. I agree with the other attorneys that you have a right to have the sale cancelled because of the misrepresentations and the lack of a smog certificate (assuming the seller didn't just forget to give it to you). I would recommend that you get something in writing showing the problems, like an estimate from a mechanic and from the body shop. I would then take that to the seller and tell him that you want to give him back the car and get your money back. Often that works. If it doesn't, then tell him you will take him to small claims court--and then do it.
Best of luck.
Feel free to visit my website and blog for more information.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline