Seller Responsibility To Provide Passing Smog Certificate

I recently purchased an out of state vehicle that the seller listed as in "Excellent" condition and gave no inclination that it had had any major repairs or modifications. When I went to get it smogged, I was surprised to find out that it failed due to having an aftermarket Catalytic Converter that is not approved in California. It cost me over $1,200 to get it repaired. I have read that it is the seller's responsibility to cover the repairs. Where it gets interesting is that I bought the vehicle agreeing to pay the seller $1,000 at a later date. I feel that the fact that I had to spend $1,200 to get it to pass smog negates the $1,000 that I would owe the seller, and if anything, he should actually owe me $200 for the needed repairs to pass smog. I am not worried about getting $200 from him, I just don't want to have to pay him $1,000 when I already had to spend $1,200 to get the vehicle to pass smog when that should have been the seller's responsibility. Am I correct in this matter?

Answer:

This is a tough question and would be best answered by an attorney. It is the sellers responsibly to provide a passing smog certificate when selling a vehicle. Often times people buy vehicles without a smog certificate and later find out the vehicle has problems passing the smog inspection. The matter now becomes civil and the courts need to be involved.

Usually small claims is good enough to handle these matters. An applicable solution with the seller is always best. It may be very possible that the seller themselves were not aware of the aftermarket catalytic converter problem as prior to 2009 these CATs were not a problem in California. Furthermore more, prior to the implementation of the STAR smog check program, smog technicians generally did not may as particular attention to the CAT make and model as they do now.

We recommend first discussing the matter with the seller, and if need be perhaps calling legal representation.

posted by SmogTips Support