I recently purchased 2 vehicles from Superior Auto in Fontana, Ca. The smog certificates were fraudulently obtained by the dealership 5 months after each purchase so vehicles could be registered.
This is the letter I sent to Moses at Superior Auto.
I informed you on 8/15/2016, I am concerned about the car’s smog certificates or the fact that a smog certificate was fraudulently obtained for my Chevrolet corvette purchased in November 2015 and my Ford F250 purchased in April of 2015. At the time of signing each contract you had misrepresented yourself telling me that said vehicles were indeed smogged and I would receive the new registration and tags shortly thereafter in the mail. In the past, with reputable auto dealerships, I usually received the new registration within 30 days from the time of purchase. It is my understanding of California state law that a smog certificate is mandatory within 90 days from date of sale, whether the car is purchased from a dealer or private party. As I said, that is my understanding and I would have to verify that with the Bureau of Automotive (BAR) repair and the California Department of Motor Vehicles (DMV).
However, in both instances you waited months before going to DMV and having the registration transferred. Then, per chance I was told by the Southern California automobile club (AAA) that my Chevrolet corvette was only recently smogged while it was in my possession. I think I would remember if I had my car smogged or not. I didn’t have it smogged nor would it have even passed smog legally because the check engine light has been on since time of purchase. In fact, neither would have passed because the check engine light was on in the F250 at the time of purchase too. I told you about both at time of purchase, but you told me to bring them back and when I did I was shunned and only given suggestions on how I could get it fixed. In retrospect, it wouldn’t have been my responsibility to get them fixed, but Superior Auto’s due to the fact that they hadn’t been smogged yet. Again, I am not a lawyer and this is only my interpretation of laws pertaining to this situation and I am consulting with the Law offices of Robert Mobasseri to get clarification and hopefully rectify this situation as soon as possible. I know that you are very aware of what you have done, but be assured that everything I am saying, I can prove.
This is the question and answer forum. Your selling dealer will likely not ever see what you have posted. See an attorney....
Thanks, have an attorney on retainer and filing class action lawsuit... and of course am notifying the DMV, BAR, BBB and Board of Consumer Affairs investigations division. Is there anyone I missed or does anyone have any suggestions. I am disabled and only am looking to prevent this from happening to someone else.
Sounds like you got it covered. Your attorney will let you know if you need anything else. Good Luck!
Not sure about California Law but in New Jersey a vehicle that is less than 10 model years old and has less than 100,000 miles must be guaranteed to pass State inspection if purchased from a dealer. If it fails it's the dealer's responsibility for it to pass and the dealer must pay for any repairs needed to get the vehicle to pass. Maybe California is the same or similar! HTH. -Jim
Perhaps the original poster, before spouting off, should understand just what a "class action" lawsuit is. Go to the link to get smartened up......https://en.wikipedia.org/wiki/Class_action
All my professors in college have always told me to avoid referencing wiki due to the fact that it has many inaccuracies....but I definitely appreciate your input bOb...your point being???
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