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Forum > Failed Smog Test > Question

1994 Lexus GS300 failed the smog test.

Before we bought this Lexus from the seller, he told us that the smog test had passed in May. We thought that everything would be ok but apparently after purchasing the vehicle I took it to get a smog check because we did not received it from the buyer and it failed the inspection. When the smog mechanic showed me the history of the car, it also failed twice in 2011 and 2009. In this situation what can I do?
Answer:

You may contact the seller and inform them of Section 24007 (b)(2) of the Vehicle Code which states it is the responsibility of the seller to provide a valid smog certificate at the time of delivery of the vehicle. You have the option of paying for any repairs necessary to get your Lexus to pass the smog check and then take the seller to Small Claims Court to recover your costs, but remember, although the law clearly supports the buyer, collecting on a small claims judgment can be difficult in an as-is vehicle sale. An amicable solution is usually best. Contact the seller and see if you can work something out. This is not legal advice, just a suggestion. posted by SmogTips Support

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