Used Car Dealer sold me a car w/expired tags-1.5yrs still no tags/registration

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kirber

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Hello and Thank You for taking the time to read and respond.

4/2011 I purchased a used Beemer from a mom & pop used car dealer. To this day, the owner of the dealership has not completed the registration process. The car was a lemon from day one, yet I failed to realize it until 3 months later when I took it on the freeway.
I have made all of my monthly payments up until 5/2012. (when I decided not to make anymore payments on a car that I cannot legally drive), to this very day the dealer has not called me nor has he returned any of my calls. The salesman that did the sale called me in June because "(the dealership owner) wants to know what's going on, you are refusing to accept his calls". I told him that was not true and I have the phone records to prove it. I also commented that the owner is only trying to get me to buy off the contract and not focusing on getting the registration completed.
I have been hounding the both of them for my registration every month since I purchased the car. Several times I have met the owner @ the Smog Check station and he tries to get me to pay for the Smog and reduce my payment for the next month. btw: The car has been towed twice for expired tags and his response was the same, "just take it out of next month's payment".
Every time I speak with the salesman, he always asks about the "Check Engine" light. In conversation, both of them have made indications that they were aware that this car would not pass a smog check.
I need to know if the dealer is "Breaching the Contract" by not providing me with a car that I can legally drive.
Yes I have a car, but I cannot drive it or park it on the street. That is not what I signed-up for.
Also, is he also liable for the 2k of monthly repairs that I have dumped into this lemon.
 
The seller is not breaching the contract for the reasons you give, but there could be other reasons.
A used car is sold as-is. Unless you were given a warranty at the time of purchase you are on the hook for any repairs the car needs. You need to inspect the car thoroughly before making the purchase. Once you bought the car you let the seller off the hook.

As for the registration, have you been to the DMV? What did they tell you to do?
 
My case is all about the failure to provide registration for the car. The condition of the car is secondary (as-is, no warranty).
I've been to the CA DMV and they just provided me with a form that I could use to request/pay for information regarding the history of the car.
I am unable to legally drive a car that I have paid for, how does that let him off the hook?
 
CA requires the seller provide a smog cert, within so many days of the sale. Failure to provide the cert is grounds to rescind the sale, if they do not remedy the issue.
 
CA requires the seller provide a smog cert, within so many days of the sale. Failure to provide the cert is grounds to rescind the sale, if they do not remedy the issue.

Thanks Disagreeable, I've been trying to find the specific CA Code, can you direct me?
 
I am unable to legally drive a car that I have paid for, how does that let him off the hook?

You have likely let him off the hook by not addressing the problem properly much sooner.
I suspect you will have limited success if any. If you pay to have smog repairs done you might be able to recover that, but that is likely all.
You could have gotten the car registered months ago if you had gone through the proper steps with the DMV.
You have no chance to hold the seller responsible for tow fees, repair costs, or other expenses.
 
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