How does this sound?

[MrBrightSide]

Alright I was testing waters with my kouki, and decided to post it up on craigslist for a ridiculous price of 11k :x: :x: . Its a 5spd w/81k miles and hotshot w/tanabe full catback thanks AntDawg240.

So here comes a offer of 9.5k cash. I say sure its all yours, as long as you have cash up front or some check. He comes through a week later and brings two guys with him to take a look at the car. I guess the guy who wanted to buy my car couldn't drive stick so I let his friend test drive it for him. Funny I know... then a couple days pass, he comes through with the loot and signs the pink slip blah blah blah..........

Here's thing now... about week after the sale, he calls out the blue saying it cannot pass smog???? I tell him, he's more than welcome to come by and pick up all the oem parts, and even offered to help him find places that will pass smog for his ass out where he lives... Here's his words ,"Hey man, the car would not pass smog, and ummm I wonder if you could refund all the money back, or I will have to pull a law suite...."

I tell him, look the car was sold as is, and every car will have problems passing smog. But as I was saying this, this rage overcame me , and boy I started going off...:rant2: :rant2:

So I am asking fellow zilvias, was this a good sale? and if this would go to the court, there's really nothing much that can happen because the car was "SOLD AS IS" correct..

[RSP13-Sideways]

Not sure about the law 100% but I know the SELLER is responsible for the smog.

I usually put "sold-as-is" and "BUYER is responsible for the smog" on the Bill of Sale. I never use DMV's bill of sale either, I always draft mine using pen and paper. Anyway, sounds like a jerk off.....

[sideview_180sx]

If you are in california then the seller would be required to have the car smogged with in the previous 3months prior to sale. Depending on your location hit up DMV of check the online site to see what it states. If you listed it "AS IS" and the buyer signed it. It's a legally binding contract that the buyer can not comeback and whine to you. It is there fault for not finding out all the info in the first palce.

[aznpoopy]

general rule of thumb... smog is the seller's responsibility. check your state laws.

he's probably going to win, unless there is a specific clause in the contract where he clearly waives his rights to having the seller smog the car.

[downshift_sideways]

this sounds really bad. i would suggest call up dmv or your locat state ref (they would know) but like they said..the buyer is responsible for the smog. I kinda went through the same situation. I bought my 240sx and it wouldnt pass smog. I went to the buyer and asked him , if he had done any modifications when he had it or abused it. he changed his phone number. and moved from his old apartment..so i eventually found a place to smog ;) and went back to dmv. I signed under the BOS that stated the car is "AS-IS" "BUYER IS RESPONSIBLE TO SMOG"

[andrewmp6]

sounds like a whiney bitch to me kentucky theres no smog test and as is means you bought it now its your problem dont know about your state tho

[FaLKoN240]

Sounds like you got pwned. you're going to have to handle the smog issue yourself, or talk him out of it.

[ManoNegra]

Most likely got buyer's remorse. He probably found out he could get the car for less and used the smog argument as an excuse to get him money back.

[Jonnie Fraz]

Ok here is my two cents. Do you feel that you misrepresented the car? I truly do not think you had intensions of dupeing this guy. You sold the car and represented the mods that were on the car. As for DMV yes the seller is responsible for smog, but I heard a DMV represinitive say "DMV has no authority to make the seller smog a vehicle." California also has no "cooling off period" meaning once you buy a car in California you can not change your mind the next day like with most other contracts.
In court you will probilly lose, if the guy wants to take the time and money to take you to court. If you lose all he gets is a judgement. Also who is to say that you did not tell him it would not pass without the stock parts installed, which you offered him?

[910clubs]

most likely i think if you represented the car being sold as a show car and not daily driveable and he bought it, with written documents he would not be able to defend himself and prosecute you for it, but because the seller is normally responsible for having the car pass smog, he could actually come back and say, "hey its gonna cost me like $10k to repair to make it pass" if he decided to file a suit against you, he could probably win that much if it really came down to that

[mrmephistopheles]

Unless you have it in writing that the sale was as-is (and his signature is on that document in agreement with those terms), you're borked.
Smog is seller's responsibility.

[NZO]

Even if you have a signed contract stating that the car is sold as-is, it is questionable whether it will hold up in court, trust me.

[Jonnie Fraz]

Even if you have a signed contract stating that the car is sold as-is, it is questionable whether it will hold up in court, trust me.

I have heard this as well,only way that it would realy hold up is that if there was a signed document stating that it was an off highway vehicle only.
The thing is I am guesing that no such document exists. If the buyer decides to spend money for a lawyer to wich he will have to give at least 40% of the judgement to if he wins (He more than likely will) the buyer will have to sue you for all the court cost also. I am guessing that unless he or a family member is a lawyer who is willing to take the case he is not going to expend the energy to sue you.
Now all that being said it sounds to me like you are also a little remorseful for selling the car for less than you wanted. If you feel bad about it give him back his money and get your car back, but make sure that he has not damaged the car or you will have to sue him for damages.

[usajdm]

What engine did you have? Because, if you sold it as a street legal registered car and now it wont pass smog because of the mods, it dont matter about a contract. He'll win and it might even cause problems for you because you somehow had it registered. I know this from a similar sale. That guy caused me alot of problems. I looked like an ass trying to explain how i got it registered. Good luck.

[theexaltedalex]

Guy sounds like a bitch

[MrBrightSide]

Ok here is my two cents. Do you feel that you misrepresented the car? I truly do not think you had intensions of dupeing this guy. You sold the car and represented the mods that were on the car. As for DMV yes the seller is responsible for smog, but I heard a DMV represinitive say "DMV has no authority to make the seller smog a vehicle." California also has no "cooling off period" meaning once you buy a car in California you can not change your mind the next day like with most other contracts.
In court you will probilly lose, if the guy wants to take the time and money to take you to court. If you lose all he gets is a judgement. Also who is to say that you did not tell him it would not pass without the stock parts installed, which you offered him?

In my listing on craigsist, I CLEARLY stated that the car has hotshot header and tanabe fullcatback and car is "SOLD AS IS". When he came and checked out the car himself, I even pointed out where all the parts were, so he knew exactly he was getting. Like you said, I had no intentions of dueping the guy, and really after finding out that he couldnt drive stick, I had second thoughts of selling the car to him, but I really needed the loot for school. :gives:

About the smog, its correct that "DMV has no authority to make the seller smog a vehicle & no "cooling off period"" My father's company recently bought him a 92 lexo, and he took it to get it smog, but failed four times. He had to get the converter replaced out of his pocket, and fifth time passed. So if this guy even tries to take it to the court, it will just be a waste of time and money for him "CAR WAS SOLD AS IS" and he knew exactly what he was getting, there was no "dueping"

[North240]

I would call him up and offer to take the car to get smogged, go set the sticker and shut him up.

[Irukandji]

the buyer sounds like a little bitch.

anyway you should print out the craigslist posting for now to use as a hard copy of the car listing, because if the buyer bought your car, its stating that he's agreed to what you have told him. Then that way you atleast have something to defend your case. Hopefully none of this gets blown out of proportion. I'd say just calmly try to talk him out of it, and help him get his car smogged to prevent anything serious.


GL

[blaze1]

I hate to be a punk but you better get the smog settled for him before you go spending that cash because I'm pretty sure you will loose in a court case.

[infinitexsound]

oh that sucks..... oh well....

[anthony240]

you're welcome! :D

and then you turn around and sell it, figures.
oh well you gotta do what you gotta do haha.

[SRd240sx]

Just help him smog it. Pay for a smog hookup if you have to.

[!Zar!]

Just help him smog it. Pay for a smog hookup if you have to.
MrBrightSide said that the guy didn't want that and wanted his money back...

As for the lawsuit, worse case if you do lose chances are high that the judge will just have you smog the car. Not pay it all back.