I Just Bought a Used Car That Fail Smog Check! What to Do?

Of course a used car isn’t going to be just like new – it’s a used car. That doesn’t mean that you should expect the car to break down, or fail a smog check right after it’s purchased. Dealerships have to inspect a vehicle to make sure it is safe to drive, and they must disclose any major problems with the vehicle before making the sale. If the car does not pass smog, and therefore cannot be registered in California, the dealer is obligated to disclose this to potential buyers. If the new owner cannot pass smog or register the vehicle in California, then the value decreases significantly assuming the owner lives in the same state.

We receive calls from prospective clients looking to sue dealerships that have sold them cars that won’t pass smog almost daily. Sometimes this problem is caused by something simple, such as a bad catalytic converter – in other instances, we find that the car has been damaged by previous accidents that the dealer didn’t disclose either.

If the dealership sold you a used car that won’t pass smog, you may be able to sue them for Auto Fraud to cancel the contract and get your money back. They have an obligation to properly represent the vehicle that they are selling, and by omitting the fact that the car doesn’t pass emissions / smog, they are committing fraud during the sales process.

Return the Car and Get Your Money Back

Most consumers pick up the phone and call the dealership where they purchased the used car if it won’t pass smog. In some rare instances, the dealership will admit their mistake and gladly unravel the contract. Unfortunately, most used car dealers that are willing to lie about the condition of the car aren’t so willing to just give you your money back.

Our Auto Fraud Attorneys are able to help California Car Buyers sue dealerships for scams like these. Your recently purchased used car should be able to pass inspection without issue, and if it does not, you may be a victim of Auto Fraud.

Should You Sue the Dealer?

You may need to sue the dealership in order to cancel your contract, and get your money back if they sold you a car that won’t pass a smog check. Call our firm today for a free legal consultation over the phone with an Auto Fraud Attorney who can answer your questions.

More from Auto Attorney
Back to Top