Quote:
Originally Posted by Wayne at Pelican Parts
I'm not a lawyer, but I believe that the law states that the sale is not legally binding if a smog certificate / smog check has not been performed on the car. If you go to court, you can nullify the sale and force the seller to buy back the car. I think the law is pretty clear on this, very little ambiguity - no smog certificate, the sale is invalid. Not sure how it works with "vehicle is for off road use only" type of things.
You can buy the parts elsewhere, and then sue him in small claims court. Or you can threaten him with a small claims lawsuit - the law is clearly on your side in this case. I think if you serve him with papers, he would find the parts really quickly.
-Wayne
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yeah, I think that's right, like I said above.
Problem is, I don't think you can fit in small claims. I do not believe a small claims court generally can grant injunctive or specific performance types of remedies, like rescission of a contract. Small claims is only for small money judgments, I think.
If that is the case, you'd have to go to a normal court, which could be ok, too. But if you have to hire a lawyer, and you can't recover attys fees, you are in a no-win situation, given the amount of money at stake. Filing a small claims suit is ok, but initiating a regular civil lawsuit in your Superior Court begins a process that is very uncertain, can be difficult to get rid of, and can become very expensive, and can have unintended consequences.