Is it legal to sell a used auto with an illegal muffler? who pays to change it, buyer or seller?

Question

I bought a used auto via a used car dealer and then found out the muffler is probably illegal in California. Who pays for the change to be made? Should this have been disclosed?

Answer 1

Used cars as sold on an "as is" basis.  You had opportunity to inspect the vehicle before purchase, and to have your own mechanic look.  Once you pay for it, and take possession, it's yours.  If the muffler is illegal in CA, you will pay for it.  How can you say the dealer even knew about it, let alone should have disclosed it?

Caveat emptor

Latin for "Let the buyer beware." The idea that buyers take responsibility for the condition of the items they purchase and should examine them before purchase. This is especially true for items that are not covered under a strict warranty. See, e.g. SEC v. Zandford, 535 U.S. 813 (2002).

Answer 2

Illegal muffler? If it passed smog the dealer met state requirements. However why would you think the mufflers illegal? I think your only recourse would be if it wasn't smog legal then they'd be tripping over themselves to fix it.