I would suggest not giving them the exhaust. To me that shows that you are at guilt then. Like Brain said. Ignore them all together.
Sold my truck in CO straight piped, new owner wants me to pay for smog situation
- Thread starter Taylor-34
- Start date
Did you write (as is)on the bill of sale?if so tell em to go outside and play hide and go phuck themselves.thats bs!you are not liable.
Titles issued after 1982 in Colorado function as a bill of sale as well.
"Under penalty of perjury" is slathered all over it.
In other states, such as NC, they don't care what you say you paid for it. They go by book value for sales tax.
"Under penalty of perjury" is slathered all over it.
In other states, such as NC, they don't care what you say you paid for it. They go by book value for sales tax.
From the BAR website....
An Overview for the Used Car Buyer
When a used vehicle is sold in California, the seller is legally responsible for making sure that the vehicle's emission (smog) control equipment complies with state requirements. There is no provision in the law allowing a seller to sell a vehicle "as is." The buyer must submit the certificate of compliance (smog certificate) to the Department of Motor Vehicles (DMV) when transferring registration of the vehicle. Without the smog certificate, the transfer of ownership cannot be completed.
An Overview for the Used Car Buyer
When a used vehicle is sold in California, the seller is legally responsible for making sure that the vehicle's emission (smog) control equipment complies with state requirements. There is no provision in the law allowing a seller to sell a vehicle "as is." The buyer must submit the certificate of compliance (smog certificate) to the Department of Motor Vehicles (DMV) when transferring registration of the vehicle. Without the smog certificate, the transfer of ownership cannot be completed.
Crazy, I've never ran across a seller being responsible for smog etc. in a private sale.. This is drivin me nuts :/
Pretty dang sure it's the exact same as CO.. I'm from CA lived there all my life until about 8 months ago when I had to relocate for work, so all this is goin down in wheat ridge, CO
Pretty dang sure it's the exact same as CO.. I'm from CA lived there all my life until about 8 months ago when I had to relocate for work, so all this is goin down in wheat ridge, CO
It was your vehicle and you are not allowed to remove emissions equipment. Why would you not be liable? Saying "as is" doesn't mean you can delete emissions equipment.
EXACTLY I am a dealer and your a private seller selling the vehicle its as-is. as-is is as-is plain and simple. My girlfriends father is an attorney and been down this road before. In the eyes of the court its a as-is sale. Doesn't matter what condition running or not.
About the Lawyer Thingy.
In my life I've spent over $100k in Lawyer Thingies.
Net result?
Either settle things without lawyers, or wish you would have.
Even if you win, you lose. Seriously.
Today's lawyers are all about themselves and not their clients. They do not care if they help or hurt their client. Their goal is max billable hours, which they often lie about.
I'm not kidding.
In my life I've spent over $100k in Lawyer Thingies.
Net result?
Either settle things without lawyers, or wish you would have.
Even if you win, you lose. Seriously.
Today's lawyers are all about themselves and not their clients. They do not care if they help or hurt their client. Their goal is max billable hours, which they often lie about.
I'm not kidding.
An attorney will usually bill in increments of 1/10 hour.
Ex: counsel thinks of you, calls and leaves a voicemail. Hourly rate of $250, you just purchased a $25 voicemail.
Ex: counsel thinks of you, calls and leaves a voicemail. Hourly rate of $250, you just purchased a $25 voicemail.
wow this is interesting... No smog testing in KS I never would have thought that the seller could ever be responsible for truck repairs in a SOLD AS IS sale....
Thanks guys, as dumb as it is I am going to try and be cordial so I don't have to deal with lawyers.. Correct me if I'm wrong but even if they get an attorney won't they have to pay for it? Or if it's found in their favor I have to pay their attorney fees?
^^^THIS^^^
Is probably why the buyer has changed their tune and is being such dick. I'd be wiling to bet they're having issues transferring title and obtaining registration.
They probably did a google search and are now trying to be a civilian authority in the matter, firty duckers
Here's my suggestion, as much as I'd like to tell them to suck thier thums after sitting on them first, I'd give them the stock emissions and exhaust stuff and provide a tune or the ability to get an egr friendly tune (#1 tune in a dsp5 set) and be on your way. Cooperating and providing these things should technically get you off the hook. I'd let them assume from that point any efforts made to install the parts is on them
I'd do this with as little words said as possible, and give no inclination to give a crap.
Then ignore them indefinitely
it would go to small claims court for correction of truck no attorneys needed. i still find it hard to believe a seller of a private sale is responsible. in ca i guess anything is but with the pre mechanic inspection and the go ahead from him along with a as-is sale seems to me you have a strong case in your favor.
Tayler I'll ask our company attorney tomorrow... They are a civil firm so they might know the answer.
"As is" means just that "as is"your getting it as Is whatever needs fixed or replaced is the buyers responsibility period would you put your shit back on when you sell a built motor truck i think not
I agree with you in principle, but that doesn't mean the law in Co necessarily does.