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Author
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Topic: Legal Question
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adower
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Member # 5955
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posted
 
 
My buddy recently bought a Chrystler 300M about three months ago. He cannot afford to make payments on it due to some circumstances. So hes going in debt every time the payment rolls around. However, here is where it gets funny. The dealer he bought it from did NOT smog the car before they sold it. They have been hounding him daily to bring the car to them so they can smog it. I told him that this might be your way out of the contract. Since they never smogged the car is the sale considered void? I told him to talk to an attorney and we will see whats up.
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98 Cobra
Griggs
S Trim
HRE
Posts: 3327 | Registered: Aug 2005
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sharkattack
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Member # 645
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posted
Sounds like a responsible person. Good luck to him.
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1965 Fastback
03 Cobra with some stuff
Posts: 935 | From: Oakley Ca | Registered: Dec 2001
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Wolfie351
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Member # 651
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posted
Your friend is SOL and should just take the loss and sell it for the best price they can. The dealer might even be reasonable and buy it back as long as they can make some money off it. Let the dealer think they want to buy another, less expensive, car to get the ball rolling.
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1985 Mustang GT: 351W, Griggs, Baer, etc etc
Posts: 1214 | From: South Bay | Registered: Dec 2001
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COPFITY
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Member # 1845
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posted
quote:
Originally posted by Wolfie351:
Your friend is SOL and should just take the loss and sell it for the best price they can. The dealer might even be reasonable and buy it back as long as they can make some money off it. Let the dealer think they want to buy another, less expensive, car to get the ball rolling.
i agree to that.. don't let him continue to miss payments he needs to take action ASAP
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'92 Mustang LX Coupe
-Procharger P600
'71 Camaro Project
'97 Saturn SL1(saving the planet)
Posts: 884 | From: Pittsburg CA... No "H" cuz we don't hate! | Registered: Sep 2002
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94gt
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Member # 3060
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posted
he's SOL.... new cars dont have to be smogged, they are exempt.
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2020 Explorer ST
2011 Silver Raptor 'Screw
Posts: 5777 | From: Beavercreek, OH | Registered: Jul 2003
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GOT 50
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Member # 1960
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posted
Find a way to make sure it wont pass smog. Then they cant sell it to you legally.
Posts: 2139 | From: SF/DALY CITY/MILLBRAE | Registered: Oct 2002
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sharkattack
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Member # 645
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posted
quote:
Originally posted by 94gt:
he's SOL.... new cars dont have to be smogged, they are exempt.
Not if it was previously sold and returned. That happened to me when I bought my VW. Brand new car with 150 miles on it was sold and returned the next day fro some reason. It was sold to me as a new car when infact it was used. They were on my ass a week later trying to get me to bring it in for a smog. I did but only after they would refund my extended warranty price and let me keep my extended warranty for selling me a used car as new.
[ December 29, 2006, 04:10 PM: Message edited by: sharkattack ]
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1965 Fastback
03 Cobra with some stuff
Posts: 935 | From: Oakley Ca | Registered: Dec 2001
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Venomized93
Founding Member
Member # 55
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posted
I would sell it ASAP for the best price possible as others have mentioned. ASAP, the longer he waits the lower the value of the car goes. At the same times if he still has decent credit. Tell him to apply for a credit card and hopefully he gets approved for the remaining amount of the loan and tell him to balance transfer the amount to his credit card and he can continue to pay it off that way. He takes a loss, but it would be his easiest way out, without taking a big hit on his credit. Also, if he gets approved, essentially he may be able to get the remaining balance on a 0% for 12 months. If his credit is SHOT. Then he's fucked.
Posts: 2077 | From: San Francisco, California | Registered: Oct 2000
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Jdub07
( O Y O )
Member # 2728
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Shit that sucks. Like suggested I'd cut my losses FAST! Missing even one payment give your buddy no wiggle room...and being only 3 months into the deal makes it worse.
I like the talk to the dealer advice...shit you never know maybe they will be cool with him.
Posts: 7282 | Registered: Apr 2003
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adower
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Member # 5955
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posted
quote:
Originally posted by sharkattack:
quote:
Originally posted by 94gt:
he's SOL.... new cars dont have to be smogged, they are exempt.
Not if it was previously sold and returned. That happened to me when I bought my VW. Brand new car with 150 miles on it was sold and returned the next day fro some reason. It was sold to me as a new car when infact it was used. They were on my ass a week later trying to get me to bring it in for a smog. I did but only after they would refund my extended warranty price and let me keep my extended warranty for selling me a used car as new.
The car isnt brand new. Its a used car..
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98 Cobra
Griggs
S Trim
HRE
Posts: 3327 | Registered: Aug 2005
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94gt
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Member # 3060
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posted
quote:
Originally posted by adower:
quote:
Originally posted by sharkattack:
quote:
Originally posted by 94gt:
he's SOL.... new cars dont have to be smogged, they are exempt.
Not if it was previously sold and returned. That happened to me when I bought my VW. Brand new car with 150 miles on it was sold and returned the next day fro some reason. It was sold to me as a new car when infact it was used. They were on my ass a week later trying to get me to bring it in for a smog. I did but only after they would refund my extended warranty price and let me keep my extended warranty for selling me a used car as new.
The car isnt brand new. Its a used car..
Well, with both my old mach1 and my current cobra, I dont have to smog them, and they are used.
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2020 Explorer ST
2011 Silver Raptor 'Screw
Posts: 5777 | From: Beavercreek, OH | Registered: Jul 2003
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*BlownMach1*- TRMYN8R
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Member # 5400
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posted
yeah i say just make it where it wont pass and then they cant legally sell the car...
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88 notch- MM&FF June 2014 feature car
93 cobra #1879
90 hatch "Wifey's"
14 F150
89 mastercraft- wake tower with some sound
Team True Forged!!!
Posts: 3535 | From: sac town | Registered: Feb 2005
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hidnn.o.s.
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Member # 1219
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posted
quote:
Originally posted by BlownMach1:
yeah i say just make it where it wont pass and then they cant legally sell the car...
Wow, from one piece of shit to another.......
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R.I.P. Willie G. You are missed on this forum
Posts: 15950 | Registered: Apr 2002
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stangless
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Member # 1414
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posted
quote:
Originally posted by 94gt:
he's SOL.... new cars dont have to be smogged, they are exempt.
quote:
Originally posted by 94gt:
Well, with both my old mach1 and my current cobra, I dont have to smog them, and they are used.
Make up your mind.
Rule is if a car is brand new, meaning i go and i buy a 07 gt500, of course i won't need to smog it, neither will the dealership. any car that has not been registered and it's coming from the factory or sitting at a lot in some dealership is considered new.
If i go and buy a 03-04 cobra from a dealership and the vehicle has been owned by someone else, then of course you won't smog it, because the dealership will have already done that. the obligation lies with the seller.
If you purchased your cars from a private party then they have to smog it unless you purchased it as non-op or as parts
if you buy a "used" car from a dealership, they will have smogged it before the sell and you will not need to smog it again until the car is no longer exempt.
BTW, you should tell your friend to man up. i mean, shit happens. If he can't make the payments he should take it back/sell the car/or do whatever and just cut his loses.
[ December 30, 2006, 12:16 AM: Message edited by: Jmir018 ]
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=(
Posts: 4634 | From: bay | Registered: Jun 2002
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adower
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Member # 5955
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posted
The car was used. The dealer didnt smog it prior to the sale. So the final question is can he take it back?
My buddy had to have surgury and his medical didnt cover the complete cost. I dont really care what you guys think about his character. He is a good guy and has helped me out many a times.
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98 Cobra
Griggs
S Trim
HRE
Posts: 3327 | Registered: Aug 2005
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stangless
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Member # 1414
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posted
quote:
Originally posted by adower:
The car was used. The dealer didnt smog it prior to the sale. So the final question is can he take it back?
My buddy had to have surgury and his medical didnt cover the complete cost. I dont really care what you guys think about his character. He is a good guy and has helped me out many a times.
With due respect to all members of this board, i would not take what's said here as an absolute truth .
I don't see what case he would have in court if the dealership has made numerous attempts to smog the car in a timely manner... However, I’m not familiar with the law pertaining to this type of situation.
He's better off just taking the car back to the dealership or selling it, more than likely he will incur into an economical loss in either case... So, the sooner the better.
Good luck.
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=(
Posts: 4634 | From: bay | Registered: Jun 2002
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FoX GT
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Member # 4587
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posted
you would think with this pissing match about the smog someone would have actually looked at it on the DMV website.
Currently, smog inspections are required for all vehicles except diesel powered vehicles, electric, natural gas powered vehicles over 14,000 lbs, hybrids, motorcycles, trailers, or vehicles 1975 and older.
When you transfer a vehicle that is four or less model years old a smog certification is not required. A smog transfer fee will be collected from the new owner. When a vehicle is more than four model years old, a seller must provide evidence of a current smog certification
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- AED -
03 Cobra 10th anni 3.4 Whipple 9.47@141
2012 Mustang GT 10.98@125
2015 Mustang GT
Bring what you got and hope its enough!
Posts: 1955 | From: East bay | Registered: Jun 2004
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