Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.CA law requires the seller provide a smog inspection. In this case, can you explain what you mean by"illegal smog approval"?
Thank youThat would be a basis to void the sale.Can you tell me, how much did you pay for the car?
Thank youThis sounds like a great case for "small claims" court.
Small claims is a true "peoples court". The formal rules of evidence and procedure do not apply. So you can represent yourself (no need to hire a lawyer).
The process is simple enough. You head to the county court (the county where the seller lives) and talk to the clerk of the court. They can get you the forms needed to start. You file the claim, serve a copy on the defendant and wait for your day in court.
In court, be prepared to tell the judge what happened, and bring in copies of any evidence that supports your case. IF there are witnesses who can testify about what happened? Have them come as well.What you are describing, you need to prove that the seller knew that the smog system was not operating properly and sold it to you regardless. If you can prove this? The court can order you be paid for the difference between what you paid for the car and what it is actually worth (based on the cost to repair the smog).You will have the burden of proof...you need to prove that the seller knew that smog was no good but misled you and sold it regardless. In this regard, I suspect your mechanic will be able to educate the judge (explain why the seller knew about this when they sold to you)...so you will want to have your mechanic show up to the hearing.Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.