I just bought a 2000 Kia for $1,400.00 off a auto repair shop. The guy i bought it off said it was smogged in August and there wouldn't be any problems getting it smogged. Come to find out when i tried to put the title in my name the last time it was smogged was Aug 2015. He said it will pass with "flying
I just bought a 2000 Kia for $1,400.00 off a auto repair shop. The guy i bought it off said it was smogged in August and there wouldn't be any problems getting it smogged. Come to find out when i tried to put the title in my name the last time it was smogged was Aug 2015. He said it will pass with "flying colors" and if not i could bring car back and he will fix the problem. After speaking with him we agreed to bring car in tomorrow morning and he will fix problem(s). What im worried is that i will go again to smog car and it will still fail. He had me sign a "AS IS" WARRANTY and one question on the paper was if it were smogged or not and there was a check mark on NO. So in CA it states that seller must provide proof of smog certificate to buyer. Will I still be able to fight for my money back even though I signed something.
You made a mistake and did pay attention to the details before the purchase. This is normal for most buyers, and a lesson for next time. Check all details and have a mechanic inspect the car.
There is really nothing for you to do except take it back play cool, but be very clear, you expect it to be able to pass a smog test.
I have a feeling the seller knows there was a problem, if it was simple they would have fixed it before selling it, will try to fix it or tell you that, say they can't find the problem, you will go to another shop that will give you an expensive quote for like cats, then the other place will say you bought it As Is.
But nothing else to do except see if they can fix it.
It is illegal to sell a car in California without a valid smog certificate. The law is clearly on your side.
That doesn't mean the seller won't put up a hard fight but you are within your rights to demand a full refund if the car does not pass the smog test. You may and up in court but you will win.
When you buy a used car in California the seller is supposed to provide a smog certificate less than 90 days old. Heck, when I gave my old car to a friend in Cerritos, I had to provide one so she could register it.
In the case of smogging, an As Is clause does not carry any weight.
You may have a valid case at small claims court as the car was sold under false pretenses. However, even if you win, small claims court will not help you collect on the settlement.
You need to know the law in your state when you buy a used car.
I would say yes based upon the CA law requiring a 90 day smog certificate. But expect to go to court to get your money back. Winning is one thing, collecting is another (if you can find the seller).
Why would you sign that ?
I'm afraid its going to be easier to just fix it so it will pass smog.
You should move to a free state. Smog testing and crap is just a way for the state to control you and take your money.
You'd better fight for it. Actually, demand you money back. This may not cover the exact problem you have but it could give some notice to the state
Sorry im not sure you can ask for your.money back. You bought the car as is. Although he did mislead you
See if he fixes it first. It can be a small thing.
Worth about what next if it cannot be easily fixed.