dohcteg

Hello guys. Let me explain my story. I had 2 black civics and about 4 months ago i sold one. Now, the civic that i sold is a 2000 civic ex everything is stock except for headers and no cat. Well someone came took a look at it... pop the hood and checked everything. He and his brother test drove it ,not once but 3 times. I told him everything about the car. So he (and his bro) agree to get it... i gave him the pink slip and he gave me cash. I went to the DMV the next day did all those stuffs.

Now, after like 4 + months.. he came back to my house and saids " the car doesnt pass smog because of the headers and no cat and i cant get it register it." ALso, all the sudden after 4+ months the car pops up check engine lights..... blaming me for that also.
He wants me to pay for ALL the repair to make it pass smog that comes out to be 800$$ . He saids if i dont, hes gonna take me out to court.....

What should i do guys? Who is at fault? Who should be scared?

tsdenny

on the bill of sale, did you write "sold as is"
if you did nothing to worry about
if you didnt, you may have problems

dohcteg

I dont think i wrote that.. crap...

pdiggitydogg

I doubt its your problem...the title transferred
However, dont you think it would be of better use to call the DMV instead of asking a forum??

thesmogman

You could try and tell him that it was smogged at the time of sale but the smog is only good for 90 days. However the DMV can tell.

If you told him that it doesn't have a cat then there is no problem. He should of understood that it would not pass when he bought it.

dohcteg

Thank you for the replies. I tried to call the DMV and I even called the bureau of consumers veihcles unfortunitely, theyre all close. Happened just b4 5 pm hits. Anyways, like i told you guys, i told the guy AND his brother AND a friend of mine that was there when i show him the car. I don't know why after 4 , 5 months he comes back to me telling me this threaten to take this out in court....

Another question, before selling a car did i have to smog it 1st? because i didn't. I have always thought seller dont have to UNLESS requested to by the buyer and the buyer has to pay the seller to do it. THANKS!

uneek360

Damn smog laws suck

thesmogman

The DMV website states that the seller is responsible for the smog.

Unless you stated in the bill of sale "as is" for all the lawyers out there.

dohcteg

OOOo boy... this isnt good...

dohcteg

Funny.... i sold the car to this guy for cheap.. considering its a clean title car, 80k miles super clean inside and out.... doing him a favor... and now... he comes right back and bite me....
what do you guys suggest? I dont have 800 to pay for all those stuff.... im still in college with a minimum wage part time job... -.- Man this is the last time im doing anything nice for anyone...

tsdenny

if he sues.
its going to be your word against his.

since you have two civics, you can swap the header and cat to pass smog. then swap back.

dohcteg

Well to be honest, Im not the type of person that likes to start anything, EVEN if its in my favor. I dont want to have to go thru that even if I know i'll win...

By the way 2 civics but my other civic is an si, Im driving that one right now.

One more thing, I was just thinking, how can you sold something privately like a long time ago, everything is done, reported to the DMV and everything, i have nomore liability to that car yet they can still sue me....

Can I just go out and b uy a car from someone...wait til like 4 months later, messed with that car, and come back to sue the guy for not being able to pass smog..... or the car isnt working right...

some1 please correct me and inform me!

uneek360

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by dohcteg &raquo;</TD></TR><TR><TD CLASS="quote">Well to be honest, Im not the type of person that likes to start anything, EVEN if its in my favor. I dont want to have to go thru that even if I know i'll win...

By the way 2 civics but my other civic is an si, Im driving that one right now.

One more thing, I was just thinking, how can you sold something privately like a long time ago, everything is done, reported to the DMV and everything, i have nomore liability to that car yet they can still sue me....

Can I just go out and b uy a car from someone...wait til like 4 months later, messed with that car, and come back to sue the guy for not being able to pass smog..... or the car isnt working right...

some1 please correct me and inform me!</TD></TR></TABLE>

Just wait till monday and call the DMV

tech8

If this case went to court, it could go either way.

Removing the cat, without replacing it, is considered tampering or disabling the vehicle emission controls, which is against the law. Don't admit you removed the cat.

However, because he waited so long, and you had the title transferred 4 months ago, you could say the car had the cat when you sold it.

dohcteg

THanks again for all the helps. Man i cant believe this person... After he checked out everything ... drove it... knows everything about the car...

I dont know if this helps but i made a copy of his driver's license with a few short simple words saying i sold it too him. stupid thing is.. i didnt give him a copy............ he didnt want it at the time..so i have that.

Also, i 4got to say, he wants me to provide him with any kind of smog check paper that i have b4 making the sell, thing is i dont HAVE IT anymore....

suspendedHatch

Don't do anything for him or even talk to him. Once someone threatens to sue you you completely cut off all contact with them and tell them you'll only talk to them in court.

You could be in trouble for removing the cat but just say you sold the car as is and that the old one was bad and needed to be replaced. Even if it wasn't in writing you have a verbal contract.

You'll win because he has 30 days to get the car in his name. He waited 4 months so he's totally fucked.

ohnoitsryan

I thought once you sold the car, you release your liability towards the car as well.

Also, who's to say he didn't modify the exhaust system? Honestly, if he takes you to court I would say that you didn't touch the exhaust system and if he's that worried about it then you will pay for the smog when he get's the right parts back on. That's prob what the judge would agree to.

True, you prob didn't say "sold as is", but you also didn't give him a "wait 4 months and come back and rape me in the *** warranty" either.

If you are really worried about it, I would try to swap the right parts back on it, smog it, and get your parts back.

ohnoitsryan

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by suspendedHatch &raquo;</TD></TR><TR><TD CLASS="quote">Don't do anything for him or even talk to him. Once someone threatens to sue you you completely cut off all contact with them and tell them you'll only talk to them in court.

You could be in trouble for removing the cat but just say you sold the car as is and that the old one was bad and needed to be replaced. Even if it wasn't in writing you have a verbal contract.

You'll win because he has 30 days to get the car in his name. He waited 4 months so he's totally fucked.</TD></TR></TABLE>

He's right about him getting in trouble about not getting the car in his name within 30 days. They are pretty strict about that.

dohcteg

Thanks for all the fast replies. Man ive just realized that selling and buying a car is easy like eating a piece of candy until something like t his happens. I now know there is alot to it and if we're not careful and and didn't get everything on writing, we could be screwed.
Anyways I will comfirm all your replies on monday by calling the DMV and see what they have to say.

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by ohnoitsryan &raquo;</TD></TR><TR><TD CLASS="quote">

He's right about him getting in trouble about not getting the car in his name within 30 days. They are pretty strict about that.</TD></TR></TABLE>

Yeh i don't know whats up with that... they waited 4 months to come back and bite me... I hope that fact will be in my favor.

Once again THANK you H-T members. Ill let you guys know on monday what the dmv saids

lovey408

even if he sues he wnt win.. 4 months later he realized this? judge will tell him why he wait so long... i think theres a 60 or 90 day period where u have to file a suit for sumthng like that... i wudnt worry bout it at all.. hes most likley prob tryn to scare u so u will cough up the money

Stripped Honda

in california the law is that all cars sold private party are consitered as is unless otherwise noted on the bill of sale .. you dont owe him **** .. just find him a used cat on ht for like 80 bucks and print the link for him then tell him to go kick rocks because the car is his

Libertariat

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by Stripped Honda &raquo;</TD></TR><TR><TD CLASS="quote">in california the law is that all cars sold private party are consitered as is unless otherwise noted on the bill of sale .. you dont owe him **** .. </TD></TR></TABLE>

Beat me to it, find that law and show it to him. Then tell him to go screw himself because he's a tool.

yoffer

dude f*** that. Your not some kind of car dealer, you dont give out warranties. If he would have come up to me i wouldve said "Thats too damn bad, you go get it fixed."

Crx Jimmy

Don't admit anything. He has had the car for 4 months who knows what he has done to it since you sold it to him . He just wants some easy money, it will cost him more in lawyer fees then it is worth. HE is hoping you give in. He really has no case. Dont worry about it. Especially don't admit to tampering with the cat

hatchi

if he wants to return the car to you then just charge him for the 4 months like he rented the car from you and go from there