Was wondering if i had a small claims
case? I live in CA, and here, when you buy a used car, the seller is responsible for the smog certificate and repairs needed to pass. I recently bought a used car from a private party. At the time of the sales transaction, the seller had the pink slip, ownership title
from the DMV
, and signed it in front of me, and dated it. He said he was the person listed on the certificate of title. Later, when i took the car to get smogged, it failed, and cost $800 in repairs to pass. When i went to the BBB
mitigation services, they contacted the seller on the title i had, via the address listed on the car title the seller signed over to me. The seller told the mitigation services he had sold the car a month prior to me buying it, and provided a bill of sale to the mitigation services. The bill of sale looked generic that anyone could fill out, true or not. I then got a DMV registration record on the car, which did not show any evidence of a previous sale, or transfer of ownership. The only ownership change showing on the record was when i purchased it a month later. If the seller i had bought it from was not the owner on the title, why was the title not already signed and dated a month earlier, when the title owner said he sold it? Why would a person use a bill of sale and leave the title unsigned, and did not send in a release of liability? I believe the person i bought it from filled out a bogus bill of sale after the mitigation services contacted him. Do I have a case (price of repairs to get smogged) against the person on the certificate of title whom i thought i was buying it from, since it was signed and dated in front of me, and there is no evidence it was sold a month earlier via the dmv records.