Q: hello needing some advice about a car purchased sight unseen.
We were in contact with the dealership for a few days, they sent photos and videos.
But When receiving the car we realized there was a ton of isssues with the car that the dealer didn’t disclose to us.
1. Broken driver seat
2. Mold in the trunk of the vehicle
3. Air bag light turned on as soon as the car arrived at our home. We drove the car up the street once.
4. Has an aftermarket air intake which would mean the car wouldn’t pass California smog yet it shows the car was smogged in September of this year.
We contacted the dealership with all of this issues and notified them we need to return this car as they failed to inform us of all the mechanical and biohazard issues.
Legally can they sell us a car in this condition without disclosing this to us?
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- California
- (916) 704-3009
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- Answered
A:
In California, dealerships have strict legal obligations to disclose known material defects and issues with vehicles before sale. The issues you've discovered - especially the mold (which is indeed a biohazard) and undisclosed modifications that affect emissions compliance - represent serious violations of these disclosure requirements.
Your situation likely falls under both California's Consumer Protection Laws and the Vehicle Code, which protect buyers from fraudulent sales practices. The fact that they sold you a vehicle that cannot pass California emissions standards with an undisclosed aftermarket modification is particularly problematic, as dealers must ensure vehicles meet state emissions requirements at the time of sale.
You should immediately document everything with photos and written descriptions, then send a formal demand letter to the dealership requesting to unwind the sale. If they refuse, you can file a complaint with the California Department of Motor Vehicles and the Bureau of Automotive Repair - both agencies take these violations very seriously. You might also consider filing a case in small claims court if the dealership remains uncooperative, as these issues clearly demonstrate a breach of the dealer's legal obligations for vehicle disclosure and emissions compliance.
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