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I am the defendant in S Claim case related to a car I sold

to a private party ...i...
i am the defendant in S Claim case related to a car I sold to a private party ...i am also a private party and the car did not pass smog check
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Answered in 9 hours by:
10/10/2017
Phillips Esq.
Phillips Esq., Attorney-at-law
Category: Traffic Law
Satisfied Customers: 19,845
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Customer reply replied 1 month ago
Good morning!
I sold in 01/10/2017 a Mitsubishi Montero 2002 with 283000 miles as a private party to a private party.
The buyer put $350 the purchase price on the release of liability, also on the title with his hand and pen....he had a family witness with him ...he paid me $1350 and drove the car a way , with the promise he will do all needed to the car...I explained to him I got the car from my tenant who could not pay the rent so he gave me the car in lieu .On 01/25/2017 the seller text me on the phone that he wants to bring the car back!?...I called him later (I was out of country) and explained to him he bought the car as is , the check engine light was not on !!...when ho bought the car ......he insisted to bring the car back and return the money
He stated until today he never attempt to got to DMV to process the transfer , also he stated he drove the car initially every day until he found out will not pass smog.....Which is 14-15 days total....
At the end he sued me in SC court for the price of the car , car rental he paid and more total of $4700.....
How can I defend myself !?.....there is no bill of sale , the only evidence is the price on the release of liability which he wrote $350....thank you
Customer reply replied 1 month ago
hello again ...I was waiting for your response, in fact I needed asap ...thank you ..let me know what you need

Thank you for the information.

I was offline when your response came in more than five hours after my information request. Hence the delay in getting back you. Kindly give me a few minutes to review your post and prepare my response.

Thank you for your patience,

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The only defense that I could think of here is that he bought the car very cheap on the agreement that he would fix the car and get the car smog tested. Nonetheless, if the car cannot pass Smog Inspection, the Buyer cannot be expected to keep the car because the Seller is responsible for the Smog Certificate regardless of the agreement with the Buyer.

Goodluck with your case,

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Customer reply replied 1 month ago
ok ..not too much of a hope .....can he get in-trouble with the judge because he lied on the price on the DMV release of liability ..he wrote $350 to save on sale tax on the transfer !??.....also wasn't he responsible to process the transfer with DMV in 10 days ...he never tried to register the car under his name ...he would get 3 month free extension after that to smog the car ...he did nothing ...he told me that the shop can pass the smog if they replaced the EGR valve and O2 sensor ..$300 repairs...he never told me that until now ...he just used the car and wanted the money back !?...I quite don't understand here !?
Customer reply replied 1 month ago
also can he be entitled to money for car rental !!??

Thank you for the information. However, I am unable to further assist. So, I will opt out to give another Attorney the opportunity to further assist you.

Goodluck with your case,

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socrateaser
socrateaser, Attorney
Category: Traffic Law
Satisfied Customers: 39,376
Experience: retired (mostly)
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NOTICE: If you are presented with an offer fora phone consultation, which may appear to have been sent by me,please know that this is an automated website offer, and that I do not participate in this Justanswer program. If you would like to correspond with me directly, whether by phone, email or otherwise, then do not accept the phone call offer, because your request will be accepted by a random contributor, who may or may not be licensed to practice law in your jurisdiction – and, I will be unable to provide further assistance. Instead, simply type to me that you would like my direct contact info, and I will send you a specific offer for that purpose.

Hello,

I am a different contributor, licensed to practice law in California.

If the vehicle can be repaired for less than the full value of the car, then the plaintiff/buyer's damages are no more than the cost of repairs. So, if you can prove that the repair cost is only $300, then you can offer to pay that amount in exchange for a dismissal with prejudice. Even if the buyer refuses, he won't get anything more than his provable damages from the judge.

You could offer a few extra hundred dollars, to provide an incentive for the dismissal. This assumes that you value your credit score, because a judgment against you, even for only $300 will have a large negative effect on your credit rating. Whereas a dismissal with prejudice will have no effect at all.

If you need more personal attention than can be provided in this public forum, I can arrange to send you an offer of direct correspondence, and we can take the discussion offline into a confidential setting. Please let me know if you're interested.

If not, then I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer reply replied 1 month ago
a provable damage for him can be the money he spent for the car rental ? I hope not !?

It would be provable to the extent that the rental was used during the time reasonably necessary to repair and smog the vehicle. Also, the amount of car rental would have to be reasonable. That is, the buyer can't rent a Mercedes AMG 550 SLC, if he purchased a Honda Civic from you with 100,000 miles.

So, you may have a defense to a substantial amount (perhaps all) of the rental fees.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer reply replied 1 month ago
well I would agree and disagree with you....one is because I don't have your knowledge but I see the whole case based on common sense and DMV law ....here is may point:he bought a very cheap car with 2002 tear with 280k miles , with no check engine light on in as is and he accepted to do ALL THE CAR NEEDED (verbally) no bill of sale, he put the $350 price on the DMV ( he cheated on the Government, but I accepted ....from 2000 up the smog process is a lot easier to pass ( is visual no more sensor in the tail pipe)he had 10 days to check the car and register, get an extension after he will pay the transfer at DMV and only after to CHALLENGE ME ...but he never been to DMV he just told me AFTER 15 DAYS he will bring the car back because did not pass the smog, time in which he used the car and even more after that day probably. ..... he never told me at that time what would take to fix the car, ...now please explain to me by law (like the judge would do it) why is he entitled to do so and me to loose the case !?...please keep in mind I was looking from a support from a lawyer who knows DMV and smog law ...maybe you are one and I am all wrong ,,,,so pl now you have all picture ..say the verdict !?.....

Vehicle Code 24007(b)(2) requires that the seller provide a certificate of compliance (smog certification) when transferring title to a motor vehicle, unless the transfer is otherwise exempt (e.g., vehicle less than four years old). Failure to provide the certification is a misdemeanor which can result in up to six months in county jail and a $1,000 fine.

Because defendant did not provide the smog certification, plaintiff will have to bear the cost of obtaining the certification, and will be unable to validly register the vehicle. At this time, plaintiff has shown rental vehicle charges of $X which were required to substitute for a vehicle that could not be validly registered -- and the cost for a smog certification. However, plaintiff has not obtained a smog certificate as a means of mitigating his damages, which would have reduced the rental charges substantially.

Therefore, the court awards plaintiff the cost of smog certification, plus the rental fees which would have been reasonably necessary during the period when the vehicle was not drivable, due to having no valid registration. I estimate that this would be three days at $50 per day.

So Ordered.

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

socrateaser
socrateaser, Attorney
Category: Traffic Law
Satisfied Customers: 39,376
Experience: retired (mostly)
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Customer reply replied 1 month ago
that is clear ...thank you ...5 star!!!
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socrateaser
socrateaser
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Satisfied Customers: 39,376
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