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View Full Version : Buying used car from private party California


andrew2222
Nov 15, 2012, 11:38 AM
I just bought a car that had 110,000 listed on its ad for sale. As I went to sign for the title the pink slip sais 150,000. He had said it was because he replaced the speedometer a while back(which is broke 5 days later).- and its reading the miles from the car it wadspulled from. I still bought it because it was still a good price for that many miles. Whe I got homeand cleaned out the car, I found a receipt that said the miles were 164,000 a year ago. I was a little pissed. So, he had not smogged it and gave me the potion to do it myself for $100 less on price of the car. So
I did it myself and did not pass because the service engin light is broken. Now Im more pissed! Im going on the 8th day and have not been to dmv to transfer... what should I do??

ebaines
Nov 15, 2012, 12:04 PM
In CA it's the law that the seller must have the car smog checked, and it must pass before they can sell it. Since the seller failed to do so you can either (a) go back to him and reach an agreement that he gets it to pass smog, and he pays for whatever repairs are needed to do so, or (b) get the repairs done yourself and then sue him in small claims for the cost of repairs. For reference se this state of CA web site: http://www.smogcheck.ca.gov/80_BARResources/02_SmogCheck/Frequently_Asked_Questions_Part_1.html

As for the misstatement about the odometer - if the seller misrepresented the condition of the car you can sue him for lost value, even though the sales is "AS IS." Selling "as is" does not give the seller the right to lie about what he's selling.