Tips on Buying Cars: Bought a used car and it will not pass emisssion, smog certificate, 1997 bmw 528i

Question
QUESTION: Paul~

I am in CA. I just purchased a 1997 BMW 528i from private party. The car is spotlessly clean and ran well the first 2 days. I had run a CarFax on the vehicle and it was good with only 2 owners, the first being a lease. Everything appeared to be good. I was so proud that I found such a beautiful smooth running car for $4000.  The seller works for an Auto Zone and buys and sells car on the side. He seemed like a good guy, promised to send me a new key/remote and to smog the car, but I did end up taking the car home that Sunday night so that I could return my rental car. I did not know the law regarding seller to provide smog cert. Then after a couple of days it started blowing serious blue smoke when I started the engine. When I told him about the smoke, he said to ad  a fuel system cleaner to a full tank of gas, and drive the full tank, refuel and then it will pass, as long as there is no check engine light on. A few days later the check engine light a came on, GREAT:( I called him and he promised to call me back on his lunch break but he didn't. This was every penny I had to buy this car. I cannot even get the car legal, I told him I want him to buy the car back and smog/repair it I may consider buying it from him. He is not answering calls nor returning them either. NOW I know in CA a seller must provide a smog certificate to sell a car, it is the law. I just had a diagnosis from Pep Boys because it is Sat and the BMW repair man I have used from other cars was booked on Friday when this happened and I was afraid to drive it, and I could smell something burning.Pep Boys said it is burning oil and the dip stick did not even register, but luckily had 1.5 qts still in. Oil was full when I bought it, so it is burning fast. The engine is probably shot and the o2o sensor shot. I know that the seller must have rigged the car enough to sell it and I want him to be responsible for this and I want my money back. Do I have anything to stand on?

Christine

ANSWER: Hi Christine,
I wish I could wave a magic wand to make this issue go away " but I can't " you been scammed by what is know as a curbsider, and yes they are all good guys till they get your money, beyond that time frame they either can't be found or will never return calls.

You broke every rule there is buying a used car,would you have had the opportunity to visit my website for even half hour this would not have happened.

You purchased the Beamer AS IS from a private party, the Smog inspection is therefore your problem not the seller,,, I know your an honest person, and it's sad that a con artist won your trust,,, it's a lesson learned but never forgotten.

If you care to know what a curbsider is, you will find the answer on my website at this link  http://www.usedcartips.org/privatevsdealer.html

Ray  http://www.usedcartips.org/

PS,,, When someone buys a house and educated buyer will pay for a pre inspection by a professional,,, the same apply buying a used car.

---------- FOLLOW-UP ----------

QUESTION: Paul~

Thanks for a speedy reply. I would like to ammend a detail I left out as I reach for straws. This was not technically a private party. The Vehicle transfer form has his business name and dealer ID, only problem I foresee is the address in Tijuana. What are you thoughts on this now?

Today I will visit him at the Auto Zone and ask him to make this right, and if I have to make his boss aware of want his employee is doing, I will. I will also get his License Plate # and his full home address, he is a homeowner and drives a brand new truck. If he owns a home, has a good job,has good credit...well he should be willing to protect that. If I have to take him to small claims court I will...

Any input is greatly appreciated!

Chris

Answer
Hi Chris,

My thoughts have not changed, but I wish for the outcome to prove me wrong.

I really am curious for an update from your visit at his workplace, it may tell me if there is a way to solve this.

Did you find this car through a link ? where ? did seller have more than this car for sale ? I not not digging for straws, but facts , if he can be reported as a curbsider or anything not legal, who knows he may not want to be reported.