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2001 Volkswagon Passat just purchased failed emission smog test. What can I do now?

2001 Volkswagon Passat just purchased, failed emission smog test and I want to give it back to seller.

I am from out of state, working student in LA, bought used car from individual for $3100.00 they handed me emission test passing in February. I purchased car in early July and cannot pass emission test. Dealership just told me $3900 plus tax to repair. I understand by law seller has to ahve passed emission in last 90 days. What is my recourse from here? Want to sell car back to seller and buy another car.

Answer:

Your are correct in terms of the seller of a vehicle being responsible for providing a Valid smog check certificate during the sale of a vehicle; seen in Section 24007 (b)(2) of the California Vehicle Code. There is no provision in the law to sell a vehicle "as is" in reference to the emissions test. You have the option of paying for the smog repairs this Volkswagon Passat needs in order to pass the smog check however you might end up having to take the seller to small claims court to recover your cost if the seller does not cooperate. Although the law clearly supports you as the buyer, collecting on a small claims judgment can be difficult, so the amicable solution is usually best. posted by SmogTips Support

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