Posted 11 May 2009 - 09:52 AM
When my father passed away, I took ownership of his car so that I could sell it. The buyers drove it, took it to their mechanic friend for his blessing, and agreed the price was right and bought it. We provided a signed receipt of sale for the amount paid ($500), and verbal agreement that buyer would be responsible for smog so that they could take possession that day (CA DMV law requires smog, and states that seller is responsible). Buyers were made aware that I did not know car's history or condition, and thus the reason for the low price. I believed my father to be very maticulous in caring for it as he did for everything he owned. It is a 1983 Cadillac El Dorado. The bill of sale states "Sold As Is". After 4 or 5 weeks, seller contacts me to say it will not pass smog because of a hole in the gas tank. Prior to the smog attempt, they proceeded to spend several hundred dollars on minor under the hood fix ups. Seller's contact with me was to just give me a heads up in the event any paperwork ended up coming to us instead of them, as they were going to proceed with seeking a gross polluter rebate from the state by retiring the car to them. Now it is 5 months down the road and seller has contacted me to say we are in violation of the law for not smogging it prior to selling to them. What course should I take to deal with this? By the way, the vehicle was in an accident the second week of ownership by buyer, causing a broken windsheild and crunched front quarter panel (and who knows what other damage). Thank you.