Bought a 1997 BMW M3 that want pass smog check

I bought this BMW M3 6 months ago from a private seller in California . He told me it was not smogged but I would be Able to smog it after fixing a few things. I have not been able to fix the problem to get it Smogged. I asked him for my money back and He refused. What can I do? What are my rights? I recently had it towed by the police because there Is no registration. I am at my wits end Any information will be greatly appreciated.

Answer:

NOT LEGAL ADVICE...

You should first get this BMW M3 out of impound (assuming that is were it's at; it is accumulating huge expense). Before this matter gets to small claims court, because of the fact you already purchased the vehicle and more than likely signed a bill of sale, title, release of liability and so on... for all practical purposes, this M3 BMW is yours.

In order to get this BMW out of impound you'll need to have proof that the vehicle is yours... meaning you'll need to get it at least transferred into your name formally. The DMV will do this with or without a smog check. Once you get the vehicle out of impound, if you choose, you may take the seller to small claims court.

posted by SmogTips Support