Legal Question in Consumer Law in California

Bought a used certified Vehicle at a Honda dealer in California and a month later got call from the dealer stating they neglected to smog the vehicle. I Looked at my paper work and was charged for smog fee that was supposed to be done. Can the dealer legally sell the vehicle, again in california without the the smog certificate. I live about 2 hours away from the dealer, and the service rep stated to bring my car in 1 to 2 days or have it smog myself. "Registration on the vehicle is already past due/expired 2 months now"


Asked on 8/31/10, 8:57 pm

2 Answers from Attorneys

Steven Simons Law Office of Steven A. Simons

In California the selling dealer is supposed to have the smog certification before the sale is completed. Here they caught the mistake before there was any real harm. I would suggest that you reach an agreement with them to pay for the smog certification at a location conveient to you. If they refuse, then file a complaint with the California Departmen tof Motor Vehicles. The DMV can raise a rukus. If that does not work call the office we can probably help you with the problem.

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Answered on 9/06/10, 5:35 pm
John W. Hanson The Hanson Law Firm

It was illegal to sell you the vehicle without having passed the smog test. You may be entitled to return the car and get your money back. In addition, it would seem highly doubtful whether the Honda Certification inspection was actually completed. After all, how could they miss the smog test?

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Answered on 9/07/10, 10:51 am


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