Legal Question in Consumer Law in California

Car failed smog test, seller says she won't pay.

I made the mistake of tursting an individual does this mean I am out of luck? I bought car that was not operative and I thought is was a minor issue. Purchase price was $300.00. Since it was not operative and I had to have it towed to the repair station, I told seller I would have it smoged while the other repairs were being done and she could pay me back for the test fee. I was told by the seller that the car need nothing more than ''the minor repairs'' and it would pass smog. The repairs cost me over $1000.00. I live on a fixed disability income and it wiped me out of my saving and cash on hand. My gamble my loss I guess. However, it did not pass the smog inspection and the repairs are estimated at $325.00 for that. I can not afford the repairs so I called her and asked her to pay for this and she is unwilling. I have little energy for this. If I take this to small claims court do I have a chance here? Or, am I a fool for trusting the word of the seller. Any information is helpful.

Thank you kindly,


Asked on 7/20/02, 6:37 am

1 Answer from Attorneys

Alvin Tenner Law Office of Alvin G. Tenner

Re: Car failed smog test, seller says she won't pay.

Your best bet is to sue the seller in small claims court for the entire amount. You do have a good case.

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Answered on 7/20/02, 12:04 pm


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