Signed a bill of sale that the car would be fixed and the next day all lights came back on the dash

[J2048b]

Jurisdiction

California

I recently purchased a car from an "honest" person down the street, we agreed and both signed that on the bill of sale we would purchase the car IF the dash lights were all off and the car was fixed and he could pass smog… he did something to "fix" the car. showed it was smog ready and passed smog… the day after we bought it, driving all the warning lights came back on… i found 4-7 codes and now it wont pass smog according to the autozone reader…. I took it to the dealership to have them run thru it… its now $1600 later with broken coils and spark plugs and the plugs are wet… and they haven't even found the cause of all the dash lights… so the money isnt done being taken from us… the seller then sent us a message and blocked us that he will not assist in paying for the repairs when all his texts say otherwise… what recourse do we have?

 

[zddoodah]

Your recourse is small claims court. Your likelihood of success depends on the exact language of the bill of sale.

 

[adjusterjack]

what recourse do we have?

Post a redacted copy of the bill of sale.

 

[J2048b]

Here it is, i may be screwed because it says lights on dash cleared… not fixed… dang it… and all he did i found out was pull the battery terminals to clear the dash and codes…and thats in a text… had i known that (the text wasnt to me, it was to the wife) but we have pics of it… that doesnt fix anything…

Small claims doesnt do much because a judge doesnt make them pay we have to collect the money… how? If they wont pay, it means nothing

 

[adjusterjack]

I don't think that's going to do you any good. California vehicle law requires that the seller must the buyer a smog certificate issued within 90 days prior to the sale.

I'm guessing he didn't provide you with a certificate.

According to the internet robot, the sale can be unwound. In your case it would probably take litigation based on what you said about the seller.

And there is also the possibility that a judge would tell you that you could have, and should have, checked all that before buying.

Sorry, I can't be optimistic.

 

[justblue]

Here it is, i may be screwed because it says lights on dash cleared… not fixed… dang it… and all he did i found out was pull the battery terminals to clear the dash and codes…and thats in a text… had i known that (the text wasnt to me, it was to the wife) but we have pics of it… that doesnt fix anything…

Small claims doesnt do much because a judge doesnt make them pay we have to collect the money… how? If they wont pay, it means nothing

View attachment 6183

Was this a private sale or dealership?
What make, model and year was this car?
Why didn't you have the car checked put by a mechanic before purchasing it?

 

[zddoodah]

Small claims doesnt do much because a judge doesnt make them pay we have to collect the money… how? If they wont pay, it means nothing

That's not just small claims court. If you win and the defendant doesn't appeal or pay voluntarily, you have to enforce your judgment. Here are the basics: How to collect a judgment | California Courts | Self Help Guide.

As for the merits, here's what I'm seeing: "[unchecked box] Contingent [???] on needing lights on dashboard cleared, recall on rich [?] full [?], and smog check" I'm not sure why you put a box there and then didn't check it, but that probably won't be a problem. I don't think the court would get hung up on the distinction between fixing whatever problem(s) are causing the lights to come on and simply "clearing" the lights. However, with the unclear words, its really not clear what that all means.

In any event, you have almost nothing to lose by trying small claims court.

Was this a private sale or dealership?

From the original post: "I recently purchased a car from an 'honest' person down the street."