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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 27682
Experience:  Lawyer
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I bought a Nissan pathfinder (1991), said it was smogged,

Customer Question

i bought a Nissan pathfinder (1991), said it was smogged, DMV said i had to smog it, it failed 3 times before it passed, now, isn't seller responsible for smog? I've paid $688.00 for it to pass smog, doesn't he owe me that money back?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Under California law, a person who sells a vehicle that is more than 4 years old is required to provide a valid smog certificate at the time of the sale. If the seller did not do that, then he is required to reimburse you for the full cost of having the vehicle smogged. Cal. Veh. Code, Section 5751.5. $688 is the price he pays for not following the law in the first place. Here is more information from the CA DMV.

https://www.dmv.ca.gov/portal/dmv/detail/vr/smogfaq

These cases are typically brought in Small Claims Court. When you win, the judge will also order him to pay your filing fees. Here are the forms and instructions. These are state-wide forms, check to see if your county has their own online.

http://www.courts.ca.gov/selfhelp-smallclaims.htm

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