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1995 Ford Econoline Bought with Fraudulent Smog Check Certificate

I recently purchased a 1995 Ford van. The seller gave me a "pass" smog check certificate dated same day as the purchase. I tried to take on fuel on the way home and it leaked out under the vehicle. Brought it in to Sears for a full tuneup and leaky fuel tank repair. They refused to service it due to what they diagnosed as a blown head gasket (radiator flush would create new leaking issues). I figured it was my loss and would dump it on CL with a disclosure and take the loss. They told me I couldnt sell it without a smog certificate, which I informed them I had. Mechanic said no way the van could have passed due to the head gasket and a leaky fuel tank. Do I have any recourse with the seller due to the fraudulent smog certificate?

Answer:

Proving this Ford Econoline was issued a fraudulent smog certificate may be difficult to prove as there is no way to make sure the smog technician who administered the smog check was aware of a blown head gasket problem or a fuel tank leak. You do have the option however to report the smog station which inspected this 1995 Ford Econoline to the Bureau of Automotive Repairs by calling (800) 952-5210. The BAR may step in and inspect the station in question, and may even request to inspect your Ford van. In terms of recourse, you can always take the seller to small claims court to recover any damages. Often though winning a small claims battle involving a used vehicle is difficult. You may consult an attorney should you choose to take this step. posted by SmogTips Support

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