bought a car that wasnt smogged now chk engine light on can I get my money back?

[jpennington]

I bought a used car from an individual.I witnessed her fillout a bill of sale. She handed me papers quite a few and she pointed out her ins info and I didnt check to see that everything was there. The next day I realized neither the bill of sale or the smog cert were there. I text her she said she would send me the 55. money oder for smog after I told her Ca law that seller smog the car within 90 days of selling it. I didnt recieve it. One week later I again reminded her, ashe said she had just that day put it in the mail. Well nothi ng at all from her. I bought this car dec. 18th. Now, four days ago Jan. 6th chk engine light and another light which according to the manual is either the gear box or control module gone bad and to have it towed do not drive. Now I cant register the car in full because I have no smog cert and even if I could cant smog it because the chk engine light is on.
Im aware that it is I who must show the dmv proof of passing smog however, if it is the law that the seller do so BEFORE selling the car isnt she in the wrong? If I took her to small claims court would I have a case? I have no doubt she knew the car was not going to pass and that this light had come on for her before . Thats just plain wrong.Please help me I dont know what to do? This is in Fresno county, CA

 

[mightymoose]

You can pay for whatever repairs and certification are required for smog in order to register, and then sue for for the total of your loss.
You are correct that the seller is required to pay- however getting someone to do so AFTER you have made payment can be quite difficult. This should have all been verified prior to completing the sale.