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
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/
Here is a link to locate an attorney:
Should you have further questions please post here to continue our dialogue. Otherwise,
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