Used Cars: Recission of used car, emmissions, verbal agreements


Question
Oct 2012 I purchased a used veh. from a dealership. I was very fatigued that day and did not read all forms I signed, the agent verbalized a summary as I signed, and I later discovered I had signed something stating they would not take responsibility of emmissions and the form staed it nulled even any verbal agreements to do deq. I was told  "basically this form says if the vehicle breaks in half, you own both halves." They did verbally take responsibility to deq it as I was uneasy  about the check engine light being on. They said they had made repairs and it would pass deq take it over and return for the temp tag.This has gone on since October 2012  up to Dec at least and the vehicle has not passed, the dealership has had possesion of the vehicle for the majority of this time and still does. Once  they tried to trade me into somethin else that was killing me and my daughter with exhaust fumes so we took it back. Another occasion I was given a loaner that was grinding metal to metal on brakes. This dealership does in house fin. I put 2,200.00 down and was financed 1,000.00 I made two mo. pmts totaling 418.00 so I'm into it for 2,600.00 now and it still would not pass emmissions  after their repairs. I have asked for my monet back and was told THEY CANNOT GIVE ME MY MONEY BACK. I bought a car in Oct. because I needed a car in Oct. I lost a new job due to not having a vehicle in all this messJan. 2013 I refuse to pay another dime for this car and have no interest in the garbage cars they have. Their mechanic SAID to me although I know better, I had the codes ran and there were 8 recurring, he said i put it on the code reader and no codes...."Maybe the car just decides to act up when you have it and behave when it gets here." !!! I laughed and said That is the stupidest thin anyone has ever said to me!!! Now they avoid calls from me and I just want my money back so I can actually buy a car I can have and drive. What are my options.

Answer
Unfortunately, starting back in 2009 …Washington became one of more than a dozen states to adopt the uber strict California's emission standards. But the worst part of this change is that Washington State law holds the buyer responsible for checking the emissions certification (which is why the dealer jammed that form on you so quickly). I had a hard time believing this when I first heard about it and have called Washington State DMV twice to verify it.

Right now in Washington State Dealers and sellers are not required to know or disclose. The law says if the dealer will not unwind the deal and refund the buyer's money- the other option is for the buyer to sell the vehicle to someone who'll be using it in a state that does not require the California emissions certification or in a part of Washington where it isn ‘t required . On the good news front from what I understand  if your vehicle fails its emissions inspection, you will be required to have the vehicle repaired to bring it into compliance. However, there's a limit to how much money you have to spend on this. If you've spent more than $150 on repairs and you car still fails a retest, you might be eligible for a repair waiver.
Repair Waiver Qualifications

Your car can qualify for a waiver if:

•   You spent $150 or more on emission-related repairs done by an authorized emission specialist.
•   You can provide the test station manager with the repair receipts signed by an authorized emission specialist.
•   It's proven that none of your vehicle's emission-related equipment has been altered.
•   Your vehicle flunks a second emission test after repairs.

The waiver allows you to still register your vehicle for the upcoming year. Washington is one of very few states to have such draconian emissions requirements and who also don’t require dealers to insure that the cars they sell will pass. I wish I had better news for you...

I personally would pick the car up from the dealer and find a buyer outside of the DEQ zone OR license the vehicle to the address of your beach house which is outside the DEQ zone (wink wink)  Ask as many follow ups as you want until you are completely satisfied and so you can give me those perfect 10's in the survey you will be sent by all experts ...


___________________________________________________________________________________________

FOLLOW UP QUESTION:

Just so I understand what you are saying is that you live in Vancouver and bought the car in Portland?