Q: In bakersfield Ca can a car dealership sale me a car i paid cash for 7000.00 and not have it smogged within the 90 days.
I started to look up all the rules relating to dealerships selling used vehicles. After 12 pages, I stopped. The Vehicle Code, Sections 11700 - 11740 cover sales by dealers. You can look it up yourself or contact another dealer to see if they will answer your question. There is one section I found that said the dealer cannot offer a car for sale that does not comply with the equipment requirements stated in other sections of the VC. I never got to a part that said he needed to pre smog the car. The DMV or AAA would have an answer to this question. If the dealer sold you the car without smogging it and the car failed the smog test, you could have a fraud claim against the dealer . Dealers must post bonds, against which you could also go if you are successful on a fraud claim.
Justia disclaimers below, incorporated herein.
A: The general rule is PRIOR to the sale the seller must smog and this "duty" to smog may not be transferred to the buyer or anyone else, it non-delegable, even for a million dollars, BUT, there is a little known, even by dealers, exception, FOR dealers, bringing that up to TWO Years time. BUT, since dealer apparently sold it to you without smogging it, and likely charged you for the smog, like they all do, and apparently did not deliver title, which is a big no no, you have claims. Good luck with it...
Maurice Mandel II agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.