Smog and Seller responsibilty

Jan 27, 2005 8 Replies

Hi, I just purchased a 1996 S420 from and ebay seller AS IS condition, but have problem passing smog. After taking my car to three different smog station and they said the monitor or engine light doesn't come on, I decided to take it to the dealer for smog check and troubleshooting. The dealer found that the electrical wires was connected to an after market electronics, which could cause the monitor light not to come on. The estimate for the repair so far is over $1100. One of the dealer's customer service rep. said the seller is responsible for providing me with a valid smog certification, is this truth? If it is what code is it under? Thanks in advance for your advice.



Dara


The seller is responsible for the smog certificate, prior to sale. If you live in CA. here is the link.

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But since you have assumed title, my guess is, you are out of luck.

The stealership has told you what the problem is, now take the car to a reputable independent MB shop, for a second, less costly opinion.

You don't tell us the state of your residence. The terminology sounds like it's California, also that CA law clearly states that the seller is required to provide the buyer with a current (not older than 90 days) SMOG certificate.

You bought the car "as is" but, though I'm not an attorney, I believe the seller's "as is" doesn't trump CA SMOG laws. "As is" applies to the car's condition etc. but cannot apply to the seller's legal CA responsibility to supply the buyer with a current SMOG certificate.

The seller defrauded you by installing a third party, non-OEM, emissions control device in violation of CA SMOG law. That leaves him open to a suit for fraud. However, I suspect, given the seller's demonstrated deviousness, that you'll be on your own in this mess.

Forget the dealer and find an independent shop that can bring the engine into compliance. This won't be a cheap education.

Next time you'll first know the law and registration requirements BEFORE passing the cash.

What part of AS IS do you not understand?

Marty

Just curious about the after market electronic device to keep the CE light from coming on. Never heard of such a thing. Most crooked people just take out the bulb and try to sneak it by. Smog check stations are supposed to verify that the light still works with ignition on engine not running. It is my understanding that cars that cannot pass smog or have modified/missing emission systems in California must be sold as parts only and cannot be registered. If the sellor is in Ca I suppose you could threaten to sue him and see if he comes around. Small claims actions are cheap and quick. You will have better luck if he is a registered car dealer in Ca.and turn him in.

Good luck

Peter

Don't really no what that means, but it sounds like BS? Why wouldn't a a good working used part be ok?

Don't know, but doubtful.

Marty

I think the ME1.0 has to be "married" to the rest of the engine.

Have a look at this service bullitins page and do a text search for married.

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A VERY good page for your car and ME is;

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br, syljua

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