Legal Question in Civil Litigation in California

Don't sign papers that are clearly false as you can assume the person getting you to sign is not honest. How do you know in one day that it can not pass the smog test? Are there other errors in your facts?

Report the person to whom ever runs the auto mart. Contact the police to see if they will or can do anything. You can still sue in Small Claims Court but it will largely be your name against his, and a judge is going to wonder why you had $3,200 in cash ans signed the papers. You need to get your bank account statement, etc,. to show you withdrew that amount of money. Try to speak to the guy and get so of your money back.

What to do?? For next time, learn the legal rules and requirements of auto sales and written contracts; document the honest and actual terms of your agreements. This time, you can probably bring suit against him for the cost of smogging, since the law requires the seller to provide a smog certificate, and that requirement can not be waived by the buyer, unless the car is sold and clearly documented as being not capable of being smogged, 'non-operable, for parts only'. You participated in a fraud on DMV by lying about the sales price to save transfer tax and tags fees you would pay. That lie, documented in the 'stated' sales price prevents you from credibly claiming you paid more than the paperwork says if you were to try to sue for cancellation and rescission of the contract. Play the game by the rules next time, and you won't have these problems.