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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111537
Experience:  Attorney experienced in commercial litigation.
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I bought a car at a car action and it will not pass smog ..

Customer Question

I bought a car at a car action and it will not pass smog .. its been only two days car was sold AS IS.. Can I take it back..
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under CA law, if the car does not pass the smog test, even in an as is sale, the seller is liable to either repair the car so it passes the smog test or they need to refund your money under the implied warranty of merchantability, which applies in every as is sale and it means that the car is not fit for its stated purposes. Thus, if the seller will not fix the car to pass the smog test, they must refund your money or you can sue them for the refund.
Customer: replied 8 months ago.
What about when you buy it at a car action? The car was sold as is and we where given time to check the car out. They were a lot of car did not see them all.
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
The CA law states the seller of any vehicle in CA is liable for the car passing the smog test, so you still have that right in CA even in an auction.

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