Hope someone can help me. I purchased a 95 F355 Spider in January 2004. Been in contact with the northern California dealer since February 2004 trying to resolve the issue when the their DMV clerk notified me that I needed to get the car smogged and the EPA label verified since the previous owner had it registered at his Georgia before bring it back to his California address and eventually trading it in at Ferrari of SF(Dealer used an old smog completed when at Ferrari of SF to get the car registered and do not know how the EPA label was verified since the car has been in my possession). When I tried to get it smogged at my independent Ferrari mechanic I was notified that the catalytic converters were gutted / "hogged" (I have since replaced both cats and oxygen sensors - And when the replacement parts were installed the "slow down" lights came on - When replacement thermal probes were put in the problem has not returned - mechanic stated this was probably why the internals were removed the in the first place). My attorney/family friend has helped me put all my documents together (including service records obtained from Ferrari of BH recommending both cats be replaced) and has had me fill out the Bureau of Automotive Repair Complaint Form, but now my costs are in excess of $5K and small claims court is not an option - A 1 year wait has been long enough! If anyone knows of an attorney that has successful experience in a case like this, please send me a PM. BTW: This northern California dealer has also sold my vehicle to someone else on E-bay during the time my purchase was in progress - Of course - positive feedback on both sides. Thanks in advance!
From http://www.dmv.ca.gov/vr/smogfaq.htm "When a car is sold, who is responsible for the inspection? The seller is required to provide the buyer with a valid smog inspection certification at the time of the sale or transfer. Smog certifications are good for 90 days from the date of issuance. The inspection is not required on a transfer if a biennial smog certification was submitted to DMV within 90 days prior to the vehicle transfer date (a vehicle inspection report may be required for proof of certification). Note: Starting January 1, 2005, smog certifications will not be required for transfers that occur for any motor vehicle that is four or less model years old. A smog transfer fee will be collected from the new owner. " I cannot recommend a particular attorney, but if you got this car from a dealer in California without a valid smog check per the above I should think you have them by the short ones, so its not like you need David Boies or something. Cheers Kevin
Are you in possession of the car? The smog is easy enough to figure out, it might take some more money but ultimately it'll be a known variable why the car is doing X, Y, or Z. Besides that, you can register it non-op while you figure it out. If you have the car, I would do it tomorrow. The biggest battle here is going to be over the title of the car, which should be your main concern (the Ebay p.s. is not a footnote here). It is the seller's responsibility to provide the smog certificate. In my non-professional opinion, he's trying to erode your credibility (by mixing up the story) in case you bring this to court. Good Luck, Chris
The dealer did not use the old smog to get the car registered because the dealer hasn't been able to register the car at all, that's why they're requesting that you have the smog done and the EPA label verified. So what to do? Simple: 1. Contact the dealer and tell them what had to be done in order to get the car to pass smog. Ask them to reimburse you for the expenses. When they refuse, tell them that you will be contacting a DMV investigator. If they still refuse, note who you talked to and when and then... 2. Contact the DMV, ask for an investigator and explain your situation. I guarantee that this will solve your problem quickly. No need to hire an attorney yet, so save your cash.
Check your PM box. I just left you a name and number for a person from the Bureau of Auto Repair that is currently involved in another case against the dealer in question. He WILL be glad to hear from you and will be able to help.
4retr, since this is not a repair issue with the dealer's service department, forget about the Bureau of Auto Repair (sorry, Brian). Listen to me and contact a DMV investigator. This will solve everything, quickly.
Thank you for all the helpful insight!!! I'll try to answer all the above questions: 1. Purchased the car January 20, 2004, but the dealer I assume used the Ferrari of SF smog completed October 15, 2003 or had another smog completed (?Car has been in my possession since January 20, 2004 so I still don't know how the EPA label was verified or the car smogged?). 2. In regards to the E-Bay sale - I have a current California registration. I guess the dealer used my car on E-Bay to build some additional positive feedback with imaginary buyers. Thank you again !!! I will follow up on your suggestions and hopefully be able to Thank You in person for those of you that have responded from S. California at Crystal Cove.
You are correct it is not a repair issue, but before it is over I believe both agencies will be involved. This was in part, a violation of emission control and inspection laws and BAR has the enforcement authority on those but you may be correct in that it is primarily a DMV case.
You may also be able to place a claim on the dealers bond. All licensed dealers are required to submit a $50,000 bond. 1. Find out who bonding company is and mailing address. The DMV can give you this. 2. Obtain the dealers bond number. 3. Write to the bonding company explaining the situation regarding why you are putting a claim on the bond. Send copies of supporting documentation to the bonding company. Give dates and times of all that has transpired. Be as specific as possible. The bonding company has 30 days to respond to a claim. They will attempt to get a rebuttal from the dealer in question or may have other questions. If you don't have paperwork to back up claim they may deny it. Good luck with it.
I agree that this is also good advice but get a DMV investigator involved as soon as possible as well.
