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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33079
Experience:  16+ yrs. of legal experience.
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I bought a used car about two months ago with an illegal

Customer Question

I bought a used car about two months ago with an illegal smog approval and since then the car is literally falling apart. We have tried to fix the things going wrong but at this point we are losing money. My car had a completely illegal exhaust system in it from the engine all the way back. It had no Cadillac converter at all. When the mechanic looked up my Vin# ***** saw that it had been denied then approved by another. Smog tech ILLEGALLY. If this smog tech hasn't approved this car we would not have bought it because i know in the state of California you have to smog before sale. Is there anything legally i can do to take action on this matter?
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
PLEASE HELP
Expert:  P. Simmons replied 1 year ago.

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"?

Customer: replied 1 year ago.
It had a completly illegal intake and exhaust system installed not made for my car . Our mechanic said that was no way this should have passed smog.
Expert:  P. Simmons replied 1 year ago.

Thank you
That would be a basis to void the sale.
Can you tell me, how much did you pay for the car?

Customer: replied 1 year ago.
$3,400.00 we paid . It had ownership from auctions, a dealer and a personal seller when we changed the title over to my name . It only has 115,000 miles on it and i feel like they may haveknown it was a Dud Car that was going to have problems.
Expert:  P. Simmons replied 1 year ago.

Thank you

This 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.

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