Legal Question in Civil Litigation in California

Automobile Sold

I had a vehicle that I purchased ''As-Is'' from a private party. I brought the vehicle home and rebuilt the entire engine with the exception of Piston which I had on order. 2 days after ordering the pistons, it was stolen from me.

Te vehicle was retrieved 6 months later, but I had to sell it for lack of time to work on it. I offered it up for sale for $1,000.00 with Smog. I wanted to have a buyer before I put time into the truck.

He agreed and signed a document (in the presence of notary) that states:

''...All smog and transfer fees will be the sole responsibility of the New Owner, and in the event that the vehicle is unable to pass smog, it is the New Owner's responsibility to make any repairs necessary to the vehicle for the vehicle to pass such a test...''

Now he's telling me if I don't give him another $200 that he's taking me to small claims court. If I could do something to guarantee that if I give him the $200.00 that it is over, I would gladly give him the $200.00. But if he can do this to me now, what would stop him from doing it again?

What courses of action can I take? I feel like I'm getting screwed when this guy new exactly what he was getting himself involved in.


Asked on 9/10/03, 2:17 pm

4 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Automobile Sold

You do not owe him $200. But if he signs an agreement that says he will not sue if you pay $200 and then he does, then you can sue him for breach of contract and malicious prosecution.

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Answered on 9/10/03, 3:05 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Automobile Sold

If he sues you in small claims court, bring the agreement with you and you should win. Going to court might just be an idle threat. I agree with you that you shouldn't trust him with a new agreement, either.

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Answered on 9/10/03, 4:58 pm
Terry A. Nelson Nelson & Lawless

Re: Automobile Sold

Don't tell him this, but CA law says the Seller can not enforce a Buyer's waiver of Seller's responsibility to provide 'smog cert' on sale. However, respond to him in writing with a copy of the original agreement showing he is responsible, and tell him you will not pay extortion, and you will oppose and defend in court by showing it to the judge if he brings a small claims or other action. Hope for the best.

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Answered on 9/10/03, 6:34 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Automobile Sold

Tell him to take you to small claims. He will lose. There is nothing to prevent further attempts to get money out of you. Also, you should take the time to go to DMV and file the necessary papers to have the car transfered to new buyer. this is a form of Non responsibility.

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Answered on 9/12/03, 2:10 pm


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