It Is Not Illegal To Sell An Unsafe Used Car - The Podcast

"SteveLehto" (stevelehto) 03/17/2016 at 09:00 • Filed to: None

12

91

The most perplexing call I get regularly is from the recent used car buyer who says, “The car I just bought is unsafe and the seller won’t refund my money!” I have to explain that there is nothing a lawyer can do for them: There are no laws against the simple act of selling an unsafe used car.

I understand that there are a couple of states that require safety inspections on some vehicles and if those cars fail the inspection after a sale takes place there might be some ramifications. But generally speaking, there is nothing wrong legally with the simple act of selling someone an unsafe used car.

Why do people think there is such a law?

People wish there was and it seems like it makes a little sense. And the law almost goes there. In most states, a car sold with an implied warranty of merchantability is presumed to be safe and reliable transportation. But most states allow for the seller to disclaim the implied warranty of merchantability. And, sales made by an individual are usually presumed to be !!!error: Indecipherable SUB-paragraph formatting!!! (and as-is means you buy with all faults and no warranty of merchantability.)

And in the states which allow for the disclaimer of the implied warranty of merchantability, the dealers overwhelmingly sell the the cars as-is. So, yes, they can sell you an unsafe car.

Is there any hope for the buyers of unsafe cars? In theory, yes. If you could prove that the seller committed fraud in inducing the sale. Or that they actively took steps to hide the defects from you. But these things can be hard to prove. More often than not, dealers will note how many cars they buy and sell and how little they actually know about any of them.

All the more reason to get the used vehicle inspected before you buy it. Here is the audio:

!!! UNKNOWN CONTENT TYPE !!!

And the video:

Follow me on Twitter: !!!error: Indecipherable SUB-paragraph formatting!!!

Hear my podcast on iTunes: !!!error: Indecipherable SUB-paragraph formatting!!!

Steve Lehto has been practicing law for 24 years, almost exclusively in consumer protection and !!!error: Indecipherable SUB-paragraph formatting!!! He wrote !!!error: Indecipherable SUB-paragraph formatting!!! and !!!error: Indecipherable SUB-paragraph formatting!!! .

This website may supply general information about the law but it is for informational purposes only. This does not create an attorney-client relationship and is not meant to constitute legal advice, so the good news is we’re not billing you by the hour for reading this. The bad news is that you shouldn’t act upon any of the information without consulting a qualified professional attorney who will, probably, bill you by the hour.

move-over-peasant-I-have-an-M5-in-the-shop > SteveLehto 03/17/2016 at 09:30

2

I'm always surprised to learn that things that I take as common sense really aren't. Or maybe it's just a case of you can sue anyone for anything and some people are always going to try. I mean, worst case, you take them to small claims, they show up and the case is dismissed.

SteveLehto > move-over-peasant-I-have-an-M5-in-the-shop 03/17/2016 at 09:32

1

Well, the point is that you CAN’T sue for this. But a lot of people believe the car must be safe to be sold legally.

CalzoneGolem > SteveLehto 03/17/2016 at 09:33

4

Yeah but, is it illegal to sell a used car that is unsafe?

SteveLehto > CalzoneGolem 03/17/2016 at 09:34

12

It’s not not legal.

Mumblix_Grumph > SteveLehto 03/17/2016 at 09:36

3

Caveat emptor.

BigBlock440 > SteveLehto 03/17/2016 at 09:37

3

If that were the case, the classic car hobby wouldn’t exist. Why would somebody think it’s illegal to sell one of those FJs in your picture?

MrBlah > CalzoneGolem 03/17/2016 at 09:38

2

I sure hope not, who is gonna be liable for doing the safety check, most people have no idea how basic mechanical things work this would result in more inspection government crap, used cars are as is period

SteveLehto > BigBlock440 03/17/2016 at 09:38

0

No one does. I collect pics of cars that I take when I am out and about. I will probably never have a story about them so I use them as top shots on my pieces.

Daily Drives a Dragon - One Last Lap > SteveLehto 03/17/2016 at 09:44

4

Those FJ’s hurt my soul.

BigBlock440 > SteveLehto 03/17/2016 at 09:45

6

I know they’re not related to the story, I was just implying that they’re also unsafe used cars, as are most project cars. If it actually were illegal to sell “unsafe used cars”, future projects rotting in a field would likely also fall under that category.

Haze > SteveLehto 03/17/2016 at 09:51

4

When this has come up for me, I have always told sellers to write up a bill of sale that specifies “as-is”, “Where-is”, disclaims the implied warranty of merchantability while also stating outright that although the car may run, it is being sold as a parts car with no implication expressed or implied that it is a functional vehicle. Sold 2 Pontiac Tempests and three Cadillacs that were more rust than car that way. The two Tempests were both turned into GTOs within a year by buyer, and boy would I not want to be the purchaser of those things.

ateamfan42 > move-over-peasant-I-have-an-M5-in-the-shop 03/17/2016 at 09:52

1

I’m always surprised to learn that things that I take as common sense really aren’t.

I think many people make the mistake of believing that “common sense” things that are MORAL must therefore also be LEGAL.

Is it immoral to sell a single mother with limited income an unsafe car to transport her kids (while letting her believe it is safe)? Sure. As an attorney, the issue that Steve is addressing is whether it is also illegal.

There are some laws that try to prevent people from doing immoral things. Not everything immoral is covered by laws, however.

Birddog > SteveLehto 03/17/2016 at 09:53

3

“Why do people think there is such a law?”

Mid-Afternoon TV. All these “Judge Billy Bob” shows where the verdict is often based in morality and not Law give people the idea that if it seems wrong, it must be wrong.

ateamfan42 > CalzoneGolem 03/17/2016 at 09:55

4

If I sell you a car with a defect unknown to me that makes the car unsafe, that’s not illegal (nor would I argue it is immoral).

If I sell you a car with a unsafe defect that I know about but don’t disclose, that would be immoral, but not necessarily illegal. If you can prove I knew about it and hid the fact from you, then you might have a case for fraud.

If I sell you a car with defects, but foolishly put in writing that the car does not have those defects, then you have a pretty clear case for fraud.

GLiddy > SteveLehto 03/17/2016 at 10:04

3

Going slightly off-topic here. How do you swing the mechanic inspection when you find a car you’re interested in? I’ve only bought motorcycles from individuals in the past, and pretty much just obvious basket cases. I’ve always bought my used cars off the lot.

Is it common to leave the owner a deposit? Leave your own car behind? Take the owner with you? I suspect many people forego the inspection because of issues like these. I guess if the owner doesn’t want you to do the inspection (“Hey, I’ve got a guy coming at 5 o’clock and he’ll take the car if you won’t.”) then run away.

What do you guys do when you are in the market for a daily driver (and not a project.)?

Landseer > SteveLehto 03/17/2016 at 10:10

11

I clicked on this solely because of the FJ40s.

Wil Haginen > SteveLehto 03/17/2016 at 10:11

3

I was on the other side of this, once. My first car had all sorts of issues; Some of it was simply a nuisance (AC didn’t work), others were more serious (transmission slipping, etc.).

I sold the car for $500 OBO, and I got $500 in cash. I had fully disclosed ALL the problems the car had in the bill of sale / receipt, and they signed the paper, and we parted ways. The buyer assured me she simply wanted a parts car for her weekend project.

Of course, that didn’t stop her from threatening to sue me about two weeks later about how awful the car was. The mind boggles.

ztatum > move-over-peasant-I-have-an-M5-in-the-shop 03/17/2016 at 10:14

0

The kind of peopel who wind up in this situation are probably the same people answering emails from nigerian princes.

StolenIdentity(TrueMopar4Life) > SteveLehto 03/17/2016 at 10:15

3

I guess common sense is truly a super power these days. You buy a used car, it is your responsibility to inspect it.

SteveLehto > Landseer 03/17/2016 at 10:16

9

Click bait!

jeff4066 > BigBlock440 03/17/2016 at 10:17

0

I don’t think ‘non-running’ counts as ‘unsafe’... because, well, it doesn’t run. There is a big legal difference between buying something that has to be hauled off and buying a car from a dealer.

EasternPacific > Landseer 03/17/2016 at 10:19

0

Me too!

jeff4066 > Haze 03/17/2016 at 10:22

1

When I sold my old ‘83 Camaro, I wrote it up that way. The guy wanted the transmission and some other bits. The car ‘ran’, but I specifically stated on the paper that it had reliability issues, and listed every problem I knew.

14FeistyFieSTa > GLiddy 03/17/2016 at 10:26

0

I think it depends on the car. When I bought my e46 M3, I specifically asked the seller for a PPI (pre-purchase inspection). I found the shop, and I met the seller there one morning after I had set up an appointment. He brought the car, and we both waited there while the PPI was performed.

Granted, if you’re buying a $1000 car, the seller is going to be a lot less likely to want to spend the time doing that.

jeff4066 > SteveLehto 03/17/2016 at 10:26

1

I think (the more unscrupulous) dealers only care that the car can survive the test drive. I’ve looked at cars with bald tires, leaking fluids, etc..

MechE31 > SteveLehto 03/17/2016 at 10:26

1

Is there any standard language that you would recommend putting into a used car contract that would cover you against major stuff?

BigBlock440 > jeff4066 03/17/2016 at 10:28

0

My project car started and moved under it’s own power, but it ran off an electric fuel pump and a 2 gallon gas can under the hood. Leaky, barely-there brakes, hole in the floor, gauges didn’t work, but it moved. It was far from safe. Lots of cars fall under that category.

PromnightDB > SteveLehto 03/17/2016 at 10:31

0

Why do you want to restrict my right to buy a car that I want, even if it is unsafe?

Mike D F > SteveLehto 03/17/2016 at 10:33

1

As much as the safety inspections in my province are a joke, It at least guarantees at a bare minimum the car isn’t a rolling death trap. Doesn’t mean it won’t blow up, it just means you’ll get a similar level of safety as to when the car was new.

It is also legally mandated that any car with a salvage title be disclosed.

ronmler3 > SteveLehto 03/17/2016 at 10:37

2

Steve - you repeatedly mention checking for airbags. How do you check for existence of airbags when you’re looking over a vehicle? I would imagine that would be pretty time-consuming even for a guy with a shop. The only one I could check for in my car, without significant disassembly, is the steering wheel bag, and even that one I would have no idea whether there’s actually an airbag or just rags inside the vinyl housing. And my car doesn’t have half the number of bags that most new cars do.....

npc58501 > SteveLehto 03/17/2016 at 10:39

0

Does that still hold true in states that require inspection? I know Michigan doesn’t do inspections (my old state, rusty old cars FTW!).

bob and john > SteveLehto 03/17/2016 at 10:39

0

okay, what if the seller/dealer verbally says: “this car is safe/good to go” and specifically says it will pass tests (safety inspection/emissions, etc)

IIRC, isnt there a verbal agreement law that could save you?


also, 19K for a car with a broken frame? jeez. if it was like a 2-3 grand jalopy sure, but 19K? she got taken for a ride like nothing else i’ve ever seen.

Sir Halffast > SteveLehto 03/17/2016 at 10:48

0

But, it’s unsafe. Surely that makes a difference?

EDIT - Thanks Kinja. That was for CalzoneGolem’s thread...

DipodomysDeserti > SteveLehto 03/17/2016 at 10:50

1

Good, because I just sold my Corvair.

AAsearles > SteveLehto 03/17/2016 at 11:00

1

Thanks, Steve. Great information! Do the same principles apply for selling used cars that are not legal (i.e. off-road only) for public road use? For example, if I have a car mechanically inspected by a pro before buying, and it checks out, then after buying it fails a state emissions test - is the seller responsible for selling an illegal car? Was the seller required to reveal to the buyer if the car was not legal for road use?

SteveLehto > MechE31 03/17/2016 at 11:15

1

for the buyer or the seller?

SteveLehto > PromnightDB 03/17/2016 at 11:15

2

I don’t. Who said I did?

SteveLehto > ronmler3 03/17/2016 at 11:16

2

Ask a mechanic.

SteveLehto > npc58501 03/17/2016 at 11:17

1

I believe that in some states, the failure of an inspection means the deal can be undone.

SteveLehto > bob and john 03/17/2016 at 11:18

1

“safe” and “good to go” are both subjective and meaningless (legally).

bob and john > SteveLehto 03/17/2016 at 11:19

2

ok. what if he says it will pass safety? thats pretty clear cut (to me at least)

SteveLehto > AAsearles 03/17/2016 at 11:19

1

State emissions tests are a whole different thing. I am not sure on those because I think they vary from state to state.

MechE31 > SteveLehto 03/17/2016 at 11:21

1

For the buyer.

SteveLehto > bob and john 03/17/2016 at 11:22

2

How can he make an objective promise about the future?

Again, though, I am not sure about safety tests because they are different in each state.

SteveLehto > MechE31 03/17/2016 at 11:23

0

If you are buying something and the seller makes a verbal statement, ask them to reduce it to writing. (Which they will most likely refuse to do. Which will tell you a lot.) Salespeople at dealerships will routinely tell you they are not “allowed” to make written promises.

Shitty Bill > SteveLehto 03/17/2016 at 11:36

1

caveat emptor

tsy1987 > AAsearles 03/17/2016 at 11:46

2

In the “great” State of California, the seller is responsible for doing the smog check. FWIW

sklooner > SteveLehto 03/17/2016 at 11:52

1

My in laws think it’s illegal to sell anything unsafe, that is they can’t- when attempting to dispose of an estate they sent two cars and a Honda trike to the scrapyard because they didn’t want to spend extra to get them ‘safe’ they also personally spent 4500$ repairing their RV before sending it to auction where it brought 2200$ and sold their car hauler dolly for $120.00 because they made a mistake in the Craigslist ad and had to honour the price- a bunch of maroons that luckily I don’t share DNA with

PromnightDB > SteveLehto 03/17/2016 at 12:10

1

I thought you were suggesting it should be illegal to sell an unsafe vehicle. If it is illegal to sell them, it would be illegal to buy them. At any event, New Jersey law says it is illegal to sell a vehicle that is in such condition that it would fail the state safety inspection, unless the customer waives this requirement, a huge loophole of course:

N.J.S.A. 39:10-26 states that “no motor vehicle dealer shall sell at retail any used passenger motor vehicle to be registered in this State, unless such vehicle, meets the standards for the issuance of a certificate of approval [inspection decal].”

Senex Bibax > SteveLehto 03/17/2016 at 12:14

3

Isn’t the onus usually on the buyer to ensure the vehicle is safe and meets emissions standards before they can plate and drive it? I don’t see why you can’t sell an unfit vehicle as long as you don’t mislead the buyer as to its condition. The seller can always have the car inspected and provide the safety certificate at the time of sale, with the caveat that such certificates are usually time-limited (30 days for example). It is then up to the buyer to register the car before the safety certificate expires, or pay for a new inspection. Once money changes hands and the change of ownership papers are signed, it's up to the buyer to tow or trailer the car if it cannot be legally plated and driven away.

LegHumper > ronmler3 03/17/2016 at 12:18

3

That’s easy. Start the car, put it in gear and accelerate to at least 27mph and point the car at a fixed object like a brick wall or sturdy tree and Bob’s your uncle. You can then haggle the price down significantly on account of front-end damage.

SteveLehto > PromnightDB 03/17/2016 at 12:20

1

Not at all. My point is that people need to know what the law is and act accordingly. I just couldn’t think of a way to phrase the headline to get that point across. “You Bought An Unsafe Used Car? Tough! The Law Won’t Protect You.”

SteveLehto > Senex Bibax 03/17/2016 at 12:21

0

Yes but many people do not realize that. Based on the calls I get, many people assume that there is a law requiring the car to be safe if it is sold.

PromnightDB > SteveLehto 03/17/2016 at 12:21

1

Oh, I forgot to mention, New Jersey abolished the State safety inspection in 2010, now the only thing they inspect for is emissions, as this is required by federal law. This situation renders the quoted statute above somewhat meaningless.

His Stigness > SteveLehto 03/17/2016 at 12:25

0

In California when it comes to dealer sold vehicles (whether that be a used car lot of a manufacturer), it is illegal to sell a car with brakes worn past the minimum specification, and tires under the wear Bae indicator (3/32nds). So, it’s illegal to sell an unsafe car.

As far as I know that’s the extend to which California regulates “safe” vehicle transactions, but that’s better than nothing.

Also, I just had a car that violated this the other day. The guy bought an E90 328 and it turned out the dealer bypassed the brake warning sensor, and sold it anyways. Very reputable.

His Stigness > ronmler3 03/17/2016 at 12:28

1

Airbag systems are pretty sophisticated, so they'll be able to sense a fault if there is a problem with the airbags. However, there may be ways to truck the sensors, but I'm not sure. I was thinking of putting a racing wheel in my car, and in order to keep the light off I was thinking I could install a diode with the same resistance as the Airbag. I don't know if that will work though.

npc58501 > SteveLehto 03/17/2016 at 12:37

1

Thanks!

SteveLehto > His Stigness 03/17/2016 at 12:41

1

Can you show me the citation for that statute?

DavidHH > SteveLehto 03/17/2016 at 12:47

1

When I sell a good car, which is not often, I use the “As-is condition” in a bill of sale, which has the buyers signature and mine on it. The buyer gets a copy [I keep the original] , and they also get a copy of an inspection of the car, as it’s costs me an hour of shop labor by a third party, to sell it quickly.

If the car is not in good usable condition, I always add “for parts or repair” to the “As-is condition”. Making a couple hundred bucks off selling junk or a broken car as drivable is just not worth it, as I avoid screwing other people.

DavidHH > tsy1987 03/17/2016 at 12:48

0

Ouch, what happens if you are selling the car for parts or repair ???

DavidHH > SteveLehto 03/17/2016 at 12:49

1

The trick in Oregon is to test drive it to a state DEQ test site, and only if the car passes, do you pay the small inspection fee. If it doesn’t pass you pay nothing, and can continue looking for a good used car.

DavidHH > His Stigness 03/17/2016 at 12:55

0

Don’t install a racing wheel and remove the airbags. If you are hurt by someone else, their attorney will attempt to use it against you. I’ve been there and claiming “unsafe car” was the first thing the habitual drunk driver tried. They actually argued that I should have junked my vw camper because “newer cars are safer”.

The second was attempting to sue me for “mental anguish” because everyone thought I was dead on the scene.

trick not “truck” as auto correct strikes again.

DavidHH > SteveLehto 03/17/2016 at 13:00

1

Ask the seller to sign a contract if they are making claims like 1st owner never been in an accident, 49 K miles, etc. Chances are they will have a cow, if they are lying.

Rykilla303 > SteveLehto 03/17/2016 at 13:00

1

I’m glad there isn’t. I love buying something i have to tow home and build up again. If a law required them to be road worthy, I’d have no projects.

DavidHH > Sir Halffast 03/17/2016 at 13:01

0

A Toyota that rusty is likely to have frame damage.

718Rogue > His Stigness 03/17/2016 at 13:34

2

hehehe wear bae

Scott > Senex Bibax 03/17/2016 at 13:43

1

It seems to me if you tried to make such a law, you would suddenly run into issues of cars being sold for parts, or someone buying a car to fix it and flip it. Any attempt by legislators to allow exemptions would effectively make such a law completely useless, and potentially more problem than it is worth.

Jinjuku > SteveLehto 03/17/2016 at 14:03

1

I don’t get people not practicing thier ‘Due Diligence’. These are major ticket items.

Why cheap out on an $80 inspection?

His Stigness > 718Rogue 03/17/2016 at 14:19

0

Haha, whoops. I was on my phone and didn’t see that.

tsy1987 > DavidHH 03/17/2016 at 14:23

1

I believe that’s entirely different and wouldn’t require smog from what I understand. Though I briefly read over that part on the DMV website.

Stef Schrader > SteveLehto 03/17/2016 at 15:11

3

...how do you think I buy all my 944s?! Haha. Ain’t nothin’ safe about a 944 that was disassembled once, then sort of put back together—kind of.

This sounds like a misconception people have with dealers as opposed to Craigslist, though. Craigslist is the wild, wild west of hooptie buyin’.

SteveLehto > Stef Schrader 03/17/2016 at 15:13

1

You’d think so, but no. A lot of people also think that an individual seller ought to tell them that the car is unsafe.

Of course, “ought to” and “are legally required to” are two very different things.

His Stigness > SteveLehto 03/17/2016 at 15:26

0

Section 27501 seems to be the closest thing to what I was told. And the only section I can find in relation to brakes is section 26450 .

Only section 27501 actually prohibits its the sale of a vehicle with tires that are under the minimum wear indicator. Section 26450 doesn’t explicitly prohibit the sale, but you could argue that if a dealer sold a vehicle knowing it did not have proper brakes they violated the vehicle code as dealers are required to conduct a safety inspection of any vehicle they sell.

SteveLehto > His Stigness 03/17/2016 at 15:30

0

The way I read it, that section addresses the sale of tires, not cars. Might seem like a fine distinction but I don’t think 27501 is the correct statute for this. If they had wanted it to forbid the sale of the cars with those components, they would have said so.

His Stigness > DavidHH 03/17/2016 at 15:30

1

That’s a good point. If I were in an accident and not at fault the other side could argue any injuries I sustained could be contributed to not having the proper safety equipment.

I also haven’t done it because I think it violates California’s vehicle code by tampering with safety devices.

As far as the other stuff you were talking about with the other side arguing you were in an unsafe car, and claiming emotional distress because people thought you were dead is a bunch of grade A bullshit. Especially when the other party is at fault.

His Stigness > SteveLehto 03/17/2016 at 15:32

0

That’s a fair point. The way I read that section is that 27501 prohibits the sales of tires, or vehicles or equipped with tires that violate the previous sections of the vehicle code.

That's gonna leave a mark! > Stef Schrader 03/17/2016 at 17:52

0

If it WERE illegal to sell an unsafe car, Craigslist would see a 50% reduction in their ads.

IGetPwnedOften > SteveLehto 03/17/2016 at 18:58

1

Every time I have ever sold a car I have always given the buyer a receipt and on that receipt it says “Sold as seen - no warranty implied or given” for the precise reason if anyone came back with any kind of problem I can point to that and say “sorry, not my problem”. It sounds harsh, but I’ve had more than one occasion where people bug me constantly about every tiny little thing that any sane person would accept as a reasonable thing to happen to a used car.

On the subject at hand, many years ago I bought a BMW 320i from a BMW dealer, one of their “Approved” used cars. It had a full year’s MOT on it, so you would think it was OK. After a week or so, the exhaust started blowing. I called the dealer and they told me to have the exhaust repaired and send them the bill. I took it to a friend of mine who ran a tyre/exhaust place and he threw it up on a lift. He took one look and called me over.

The exhaust was broken in half and had been repaired with a Coke can and a couple of hose clips. Keep in mind this is a car that has passed BMW’s “extensive” checklist for a used car.

I took the whole exhaust back to the dealership, stormed into the saleman’s office and threw the exhaust down on his desk. I then proceeded to lay into him (verbally) for about 15 minutes, in a voice that carried throughout the dealership, on how shoddy the car was, how they had tried to trick me and so forth. There were quite a few people in the place looking at cars and they could all hear me clearly and I saw several of them leave when they heard what had happened.

The manager of the dealership saw his potential customers leaving and basically promised me anything just to shut me up, so I got a complete new stainless steel exhaust, the brakes all replaced and four new tyres... :-)

Oh, and one final point about the gear oil in the engine... Back in the day, the trick to quieting a bottom end knock was to pour a pound of treacle into the engine. I have never done this myself, but I know people who have...

StopLooking > SteveLehto 03/17/2016 at 19:47

0

So how does it work when the car has an active recall? From what I hear, BMW are refusing to sell any car affected by the Takata airbag recall (like my E70 X5) and are either not taking trades or offering far below trade value. Some lease holders can’t even buy their own cars when the lease is up! Any recourse here? Is this a gov’t policy or a company policy?

SteveLehto > StopLooking 03/17/2016 at 19:52

0

I suspect it is a company policy but they are worried about the ramifications of what could happen until the problem is fixed.

KusabiSensei - Captain of the Toronto Maple Leafs > SteveLehto 03/17/2016 at 21:17

1

In Georgia, if you live in the 13 county emissions testing area (i.e. Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding and Rockdale counties), *and* you are selling the vehicle as an on-highway vehicle, it is the sellers responsibility to make sure that the vehicle has a valid emissions inspection from the last year when it is sold (O.C.G.A Section 12-9-54)

Granted that you must have a valid emissions certificate on file with the state to get a plate in the first place in those 13 metro Atlanta counties...

I have a racecar which is not plated, so my reading says that if I do sell the S4 racecar, I have to explicitly state that as sold, the car is not an on-highway vehicle, nor is it intended to be an on-highway vehicle (The statute uses the language “which is intended for highway use”, but I can’t find case law as to a court’s possible interpretation of that...) and that the buyer would have to assume all expense and responsibility in making sure the S4 complies with emissions inspections.

My lay thought is that if it doesn’t have carpet or sound deadening, nor a radio or HVAC system, or even more than one seat, it’s probably not for highway use :)

SmugAardvark > SteveLehto 03/18/2016 at 08:05

1

I’ve heard this a few times as well. I think a lot of it stems from what seems to be the general public’s poor understanding of “lemon laws” and the assumption that they automatically extend to any vehicles bought or sold.

Scratch N Sniff > His Stigness 03/21/2016 at 20:15

0

In the section just above that, they make it pretty clear that selling a vehicle equipped with retread tire is against the law. I think they would have done the same for worn tires if that was their intent.

“27460.5. No person shall knowingly sell or offer or expose for sale any motor vehicle tire except a commercial vehicle tire, or any motor vehicle equipped with any tire except a commercial vehicle tire, which has been recut or regrooved. For purposes of this section a recut or regrooved tire is an unretreaded or unrecapped tire into which new grooves have been cut or burned.”

KJabs got a Chevy SS!!! - no longer needs a Pontiac G8 > PromnightDB 03/22/2016 at 01:25

0

Emissions testing is most certainly NOT required by federal law ... I live in northern AZ and haven’t had to get an emissions test since I moved out here.

PromnightDB > KJabs got a Chevy SS!!! - no longer needs a Pontiac G8 03/22/2016 at 09:51

0

Allow me to clarify, the federal Clean Air Act requires states to maintain a vehicle emissions inspection program in “ozone non-attainment areas.” More info here:

https://www3.epa.gov/ozonedesignati…

MonkeyMD > SteveLehto 03/25/2016 at 16:16

2

Was going to trade my car in recently in Texas. Car has a check engine light on. Decided not to trade in (because of absurdly low valuation) and sell instead, then come back and buy car.

So sales person and his manager tell me it’s illegal for someone to sell a car with a check engine light on.

Needless to say, did not go back there.

That being said, us there an truth to this?

SteveLehto > MonkeyMD 03/25/2016 at 16:24

1

Wow. That’s funny!

No.

DavidHH > His Stigness 03/28/2016 at 16:46

0

The BS is the first line of defense when an insurance company wants to avoid paying for the damage of their customer. The second line of defense can be counter suing the victim. Most victims of Drunk and Dangerous Drivers never collect a decent settlement. For example, I managed to collect $1100 from the member of the 1% who broke my back.

DavidHH > tsy1987 03/28/2016 at 16:52

0

So what happens if you are selling a smog failure for parts ???

tsy1987 > DavidHH 03/28/2016 at 18:23

1

I believe at that point you can sell as non-operational. I believe the buyer can then buy it without a smog cert, but they will have to fix and get it tested before they can register it as a vehicle for road usage.

DavidHH > tsy1987 03/28/2016 at 19:08

0

Or just break it for parts.