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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 9978
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We recently purchased a car from a dealer and they said they

Customer Question

We recently purchased a car from a dealer and they said they preformed an emission test. The gave us a paper that said was was done but didnt give any results. We called the DMV and they have no record of the vin as to having an emmisions check. So we cant transfer the title or register the vehical. does this void the sale?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 2 years ago.
Hi!Customerhere. I'll do my best to assist you.I can only provide general information, so a follow up consult with a private lawyer is recommended.
The dealer must disclose - in writing- if the vehicle did not pass the required emissions test. Failure to do so is considered a misdemeanor:
§ 46.2-1539. Inspection of vehicles required; penalty.
No person required to be licensed as a dealer under this chapter shall sell at retail any motor vehicle which is intended by the buyer for use on the public highways, and which is required to comply with the safety inspection requirements provided in Article 21 (§ 46.2-1157 et seq.) of Chapter 10 of this title unless between the time the vehicle comes into the possession of the dealer and the time it is sold at retail it is inspected by an official safety inspection station. In the event the vehicle is found not to be in compliance with all safety inspection requirements, the dealer shall either take steps to bring it into compliance or shall furnish any buyer intending it for use on the public highway a written disclosure, prior to sale, that the vehicle did not pass a safety inspection. Any person found guilty of violating any of the provisions of this section shall be guilty of a Class 1 misdemeanor.
So per the statute, the dealer is required to bring the vehicle into compliance; if they refuse, the buyer can rescind (void) the sale.
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Expert:  LegalGems replied 2 years ago.
Here is a link to help locate an attorney:
www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
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