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    valerie sulliva's Avatar
    valerie sulliva Posts: 1, Reputation: 1
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    #1

    Aug 18, 2009, 04:17 PM
    Smog requirements from seller to buyer
    In July 2009 I purchased a 2001 mazda from a pastor. He said the auto was in good condition, he also said he had the head gaskets repaired. I asked for the paper work and he said there was none, as it was done by a friend of a friend. Considering he was a minister, I said OK. Big huge mistake. 2 days after purchasing the car, it ran hot and was undriveable. I called and asked for my money back--he said "you bought the car as-is" --being quite upset--he was asked "what kind of man of cloth are you"? He quoted, "You bought a car from a man, not a minister"--that taught me a lesson. The car was dianosed by the mechanic who previously worked on the car--he gave me an invoice stating the "head gasket were cracked"--in addition I found out the pastor was told the head gaskets were bad by this mechanic in Feburauy 2009. That auto shop mechanic gave me a computerized history of the 2001 mazda confirming just that. I continued my quest --talking to other clergy in his community and seeking legal advice. I was told the legal advice office that according to the California state law, the seller is supposed to provide the buyer w/ a smog certificate--and if that doesn't happen--the seller is not supposed to sell the car, and if the buyer cannot smog the car the seller is supposed to return the money. I do not have a smog certificate--and considering the head gaskets are shot--I would not be able to smog the car. Is this true re: the smog certificate?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Aug 18, 2009, 04:23 PM

    There is a smog certificate law in California but I don't know if it covers a private seller/buyer.
    Call the DMV and ask them if you have a case.

    If you do I am sure that is your chance.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 18, 2009, 06:35 PM

    California is the only state I know where a sale has to include the inspection, but there are exemptions.

    And sorry but a buyer should have a car inspected no matter who they buy it from.

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