Hello. I sold my 1991 Mazda RX7 in CA, to a buyer who claims it won't pass the smog check. Before he bought the RX7, he asked me by text if it would pass the smog test, I told him I did not know, I only had car 6 months. He decided to buy it but now he wants to return it and all his money back including the fee paid to smog check car.
Answer:
This now becomes a civil matter. The buyer may choose to sue in small claims court. Though it might be difficult to win a judgment with your text proof that you are unaware of the Mazda's smog check condition. Consult an attorney. Technically, you need a valid smog certificate when selling a car. But the buyer has some responsibility in purchasing a car without a smog check as well.
posted by SmogTips Support
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