I sold a vehicle very recently, and the buyer agreed to have it smog tested. I knew it would pass, so I agreed. However, on the buyer’s way home, the car broke down severely. The buyer now wants their money back, claiming that the sale was not valid since I did not provide a current smog certificate. I know I messed up, but where do I stand legally? I did not have the vehicle smogged, but now they have destroyed the vehicle. In an earlier question and answer I saw here on Yahoo!, it was advised to the Asker that the seller is only responsible to have the necessary emission components in place in the vehicle, but not to make the repairs, or to have it pass the smog test. Please elaborate on this.
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don’t give him the money. the worst he can do is take you to court and make you give him the money but you can always say that the deal is no good when he broke the car mechanically.
I wouldn’t worry about it. Once they buy the car, unless you promised them something in writing, it would be considered purchased “as is”.
Used cars are sold ‘as is’ unless otherwise noted. So, unless he had you put down in writing that the vehicle must pass emissions in order for purchase to be valid…it is the new owner’s problem. If this was a dealership it would be a different story, but private sales of vehicles offer little protection to the new owner. A vehicle can be sold even if it doesn’t pass emissions.
You can laugh all the way to the bank!!!!
Once a buyer has turned over the money, taken possession of the car and drives off the property, (assuming the bill of sale was signed, or a transfer paper) The seller is no longer liable. In the case of a private sale. The buyer should have checked the car completely. The car was sold as is. BUYER BEWARE>
If a dealer had sold the car, they may be able to get their money back. Your smog test is irrelevant. The buyer should have made sure he had a valid certificate before taking possession, once again it is the buyers problem. Tell him the AND the problems are his.