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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7454
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I'm ***** *****, my question is about purchasing a car

Customer Question

Hi I'm ***** *****, my question is about purchasing a car online that out found out to be a lemon. Am I allowed to return the car if I brought it online
JA: Thanks. Can you give me any more details about your issue?
Customer: The car was sold as is but by law it must past expection and in the state of california the dealer must provide a smog check inspection. I brought the ride from new jersey
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Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 10 months ago.

Thank you for your patience.

The smog certification is the seller's obligation only if the car is sold in state. http://www.dmv.ca.gov/portal/dmv/detail/pubs/brochures/howto/htvr9

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=05001-06000&file=5750-5753

NJ does require the car to pass inspection or the seller must pay for the car to be repaired so it can pass, or the buyer can revoke acceptance of the contract (ie return the car in exchange for money paid)

If there is a breach of contract (the item is not as described) that is also grounds for rescining an acceptance.

A breach is when one party materially fails to perform according to the terms of the contract.

A breach goes to the very heart (subject matter) of the contract.

So for example, for an immaterial breach the court will generally award monetary damages to compensate for the breach. An example can be if an ordered item is backlogged and will be delivered late; the damages can be the cost of renting the item until it is delivered, for example. Whereas a material breach would be something more substantial, such as the item was not as represented, there is a defect, it does not conform to the requested color, making it useless or contrary to the original intent of the consumer, thereby not giving him/her the "benefit of the bargain".

In such a case, the contract is voided, unless the parties agree otherwise - this means the item is returned, and any money paid refunded.

If the amount is less than $10,000 the proper venue is small claims (an out of state defendant can be sued in CA based on the state's long arm jurisdiction statute)

Higher amounts require general civil court. Here is link to the court system: http://www.courts.ca.gov/

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