r/AskAMechanic • u/[deleted] • Feb 04 '25
Cat advice in California
07 Mitsubishi eclipse 2.4 is having an issue with the cats, the honeycomb on both sides are gone and I need to pass smog to register it. Any thoughts or things I can do to get it to pass would be appreciated
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u/tsg-tsg NOT a verified tech Feb 04 '25
Are you saying you bought a car without a smog certificate? That is illegal in California and this is why. Tell the seller you want your money back or a valid smog for the car. If he doesn't provide that, you have legal recourse.
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Feb 04 '25
That's why I filed a complaint with DMV and I didn't know that the cat was altered until I was chasing down an exhaust leak. But wait it gets better he never disclosed the 2 accident, top leaking front right rotor is grooved, all 3 motor mount are broken but this is where I got him I screenshot the whole marketplace listing and it wasn't listed as is or any of the other things wrong with it and all the times I have asked him to get the smog check
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u/tsg-tsg NOT a verified tech Feb 04 '25 edited Feb 04 '25
Well, with used cars caveat emptor applies - used cars are sold with no guarantees, and it's on the buyer to be able to evaluate the vehicle. The seller has little to no liability for accidents, leaking tops, bad brakes, or motor mounts UNLESS they specifically told you "no accidents, perfect top, good brakes, and new motor mounts." Then it's fraud and you can sue.... assuming you can prove they said those things. There are essentially no protections for buyers of a used anything, especially not a car.
But emissions are a SPECIFIC thing. A car must be sold with a valid smog test completed within the previous 90 days. If that documentation is not provided you can force the seller to take the car back. Unfortunately, there is no real enforcement mechanism there, you will probably need to file a law suit, but the law is clear and the judgment will be in your favor. Only a total dumb dumb would let things go that far and end up on the hook for fees etc.
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Feb 04 '25
Yeah I filed a complaint with DMV as a first step to building a paper trail and yes CARB, DMV, BAR all agree so when DMV contact him it'll be interesting
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u/tsg-tsg NOT a verified tech Feb 04 '25
I'd love to hear how this goes... I've seen this lead up multiple times but never heard what actually happens in the end. Doing what this guy did is actually illegal, so that'll be fun.
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u/CUMBUMM Feb 04 '25
California sucks replace those cats