Copperopolis, CA asked in Consumer Law for California

Q: Vehicle purchased from large Ford dealership with no smog certificate, vehicle will not pass, no title transfer.

What area of law covers this situation? At this point I want to return vehicle and get money back. Dealership will not communicate with me. Cannot register vehicle. Purchase made July 2023.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the situation you're describing falls under consumer protection and automobile sales law. When a dealership sells a vehicle, it is legally required to ensure that the vehicle is smog certified if it's not brand new. This is a critical part of the vehicle's legal transfer process.

Since the vehicle you purchased cannot pass a smog check and the dealership is unresponsive, your rights as a consumer may have been violated. You may have grounds to pursue legal action, which could include seeking a refund or requiring the dealership to provide a vehicle that meets the legal standards.

It's advisable to gather all relevant documents, including the sales contract, any communication with the dealership, and records of the failed smog tests. With these in hand, you might want to consult a lawyer who can provide guidance based on the specifics of your case. They can help you understand your options and the best course of action to take.

In these situations, acting promptly is important, as there may be time limits on filing complaints or taking legal action. If the dealership continues to be unresponsive, a legal professional can assist in effectively communicating your rights and demands.

Yelena Gurevich
Yelena Gurevich
Answered
  • Consumer Law Lawyer
  • Studio City, CA
  • Licensed in California

A: this is auto fraud area of law and the dealer cannot sell a vehicle that is not smogged/ cannot be smogged. contact an auto fraud attorney asap.

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