I recently got myself a hatchback, i went to go get it smogged, and failed real bad, i was told my car is a gross polluter, now heres the question, since i bought the car like this, and made no modifcations to it, and i have not recieved my registration stickers, do i have to pay for the car to be fixed, or is it on the previous owner?? I was told by the mechanic that it is against the law in california to sell a car that doesn't pass smog. The guy that sold me the car said i would only have to change the Cat, which i did, but that car still failed. i have already been to the DMV to pay for registration and to transfer the car title to me, what can i do??

 

previous owner... this is the law, unconditional of terms of sale the seller is responsible for the car passing smog!

-Bryan-

 

i second that

 

I would recommend asking that question to your local emmission office before you go and approach the selling owner.

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by HONDADNA &raquo;</TD></TR><TR><TD CLASS="quote">I would recommend asking that question to your local emmission office before you go and approach the selling owner.</TD></TR></TABLE>

I'll second that. If I were the previous own, I think you might have a hard time convincing me to pay for what is now your car. I can see him throwing alot of excuses at you. But Good Luck.

 

I don't know where you live but I'd check with the DMV. Here in Jersey though, that is your problem. Lemon laws only apply to automotive dealerships. Good luck with that

 

Yeah check the law, I remember someone had a link, that said the previous owner is responsible.

-PHiZ

 

In CA seller must present smog certificate at time of transfer of ownership. Atleast that is my understanding of the law. Everytime I have bought/sold a car that has been the procedure. Burden of cost therefore rest s on seller to pass smog.

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by EGStreetHtch &raquo;</TD></TR><TR><TD CLASS="quote">previous owner... this is the law, unconditional of terms of sale the seller is responsible for the car passing smog!

-Bryan-</TD></TR></TABLE>

I'll admit to siging a contracty with this guy, but no where in to contracts does it talk about the car noty passing smog, I Live in California I know it's the Law, now i am wondering if that contract means anything, it only states i am responsible for the car from this date on(meaning when i signed it) I figure thats like if I had to fix my brakes or whatever i understand that, but the car was sold to me with no proof of him passing smog, he told me it would pass smog, i even went out to get a new cat for the car, but it still failed.

 

The seller is legally liable to pass the SMOG in the state of CA prior to vehicle sales.

Jay Kim

 

i love living in Oregon where theres no emissions or anything where I live.

 

if he gave you a guarantee then go yell at him but if not purchase some seaphome from the parts store and slowly drip it into your intake manifold at idle(do not rev) this will clean the tops of your pistons then try emissions again

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by slowtealgsx &raquo;</TD></TR><TR><TD CLASS="quote">if he gave you a guarantee then go yell at him but if not purchase some seaphome from the parts store and slowly drip it into your intake manifold at idle(do not rev) this will clean the tops of your pistons then try emissions again </TD></TR></TABLE>

what does cleaning the tops of the pistons have to do with anything ?!!

start with the throttle body make sure its clean check the o2 sensors check the egr valve (this is probally your problem) then take it back and get it smogged again


and yes in cali the seller is responcable but that is never enforced .. buyer beware .....

 

I live in wisconsin where we don't have emissions testing, unlike many other states, but from what I'm reading the seller is responsible for having the car up to emissions. He may have told you that the car would pass inspection but without the proper documents to prove that to you, you shouldn't have bought the car. Even though he is responsible, the title has changed ownership so you will most likely have to pay to bring your car to acceptable emissions. Your best bet is to pay the cost of whatever you have to do and then in turn sue the person you bought the car from for the cost to fix the car. I'm no law expert but that would be my best bit of help. Good Luck

 

im a student in automotive at my local city college and have taken the smog class and for the state of california the seller is responsible for smogging the car no matter what. so get what you need from this seller to get that car to pass.

 

In California, unconditional of any terms of sale, the seller is responsible for the car being up to date on emissions, if it fails, then it is the responsibility of the seller to pay for whatever repairs/maintnance is required.

-Bryan-