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Phillips Esq.
Phillips Esq., Attorney-at-law
Category: Traffic Law
Satisfied Customers: 18581
Experience:  B.A.; M.B.A.; J.D.
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I bought a car in california and the owner told me it passed

Customer Question

i bought a car in california and the owner told me it passed smog but the only proof he provided was his current registration which was dated 9 months prior to the date of purchase. California DMV website states the car must have a smog with in a 90 days of selling. I live in Tennessee and when I attempted to smog the car - it failed. The cost was more than $1800 to fix and pass. i have contacted the seller and informed him of the law and asked if he was going to pay. I've sent a letter and the documents of the before and after and the repair bill. The best case scenario would be for him to pay. What recourse do I have if he refuses?
JA: OK. The Traffic Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Traffic Lawyer can help you best. Is there anything else the Traffic Lawyer should be aware of?
Customer: i already wrote you all the details in the message prior to the last one
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Traffic Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Phillips Esq. replied 1 year ago.

You would need to file a Small Claim against him in California to recover the money that you paid. You can do this by mail and on the phone. Most California Courts offer "Remote Access" to the Courts where you can appear by telephone. You can request information telephonic hearing/Remote Access from the Clerk's office. Click on the link below for Small Claims forms and instructions:

http://www.courts.ca.gov/selfhelp-smallclaims.htm