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.
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
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.
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.
