Legal Question in Consumer Law in California

Private Party seller disclosure

I bought a used car from a private party seller. The car has a salvage title. I asked if anything was wrong with the car. They said it was perfect--nothing wrong. I paid $7000 cash for the car. I had it inspected by a dealership and was informed that there were no airbags and several other things wrong with the car that would cost more that $7000 to fix. An axel is about to fall loose. Is it illegal for the seller to not disclose this information to me before the sale? Do I have any right to demand my money back? It has now been two days since the sale transaction. They didn't have the car smog checked before the sale either.


Asked on 3/02/06, 3:13 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Private Party seller disclosure

The seller is required to smog the vehicle before the sale and is prohibited from selling it without doing so. Usually, a person buys a car "as is." It being salvage should have been disclosed. However, you should have had an opportunity to have the car inspected before you purchased it. That might be a wash if brought to trial because you didn't exercise "due diligence." However, the smog check might be the saving grace.

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Answered on 3/02/06, 3:31 pm


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