What to Do When a Car Fails VA Emission Inspection: A Comprehensive Guide

Buying a car that fails emission testing can be a frustrating experience, especially if you were assured by the dealership that it would pass. This article explores the options you have when a car you’ve purchased cannot pass the VA state emission inspection, and provides insights into what steps to take.

Understanding the Dealership's Role

If you’ve shopped at a dealership selling pre-owned vehicles, you might have encountered situations where warranties are tacked on, often with additional costs. Used-car dealerships typically buy vehicles from auctions and make only minimal checks to ensure the vehicle is drivable off the lot. However, if a car fails an emission inspection due to safety issues like brakes, lights, or horns, you may have a case.

Common Issues Leading to Suspension of an Emission Test

Emissions testing generally checks for pollutants like nitrogen oxides and volatile organic compounds that are emitted by the car’s engine. Common issues that can cause a car to fail an emission test include:

Malfunctioning oxygen sensor Bad catalytic converter Clogged air filter Dirty fuel injectors Leaky brake fluid

These issues, while important, are not the main concern if the car has passed a safety inspection.

What to Do if the Car Fails the Emission Test

If your car fails the emission test, there are several steps you can take:

1. Check the Sales Slip

Review the sales slip to ensure there are no disclaimers or “AS IS” terms. This is critical as these terms can leave you with no recourse if something goes wrong.

2. Use an OBD II Scanner

Use an On-Board Diagnostics (OBD II) scanner or take the car to a local, inexpensive garage for an inspection. This can help you determine the specific issue causing the failure.

3. Talk to the Dealership

Contact the dealership that sold you the car. Explain the situation and request that they repair or replace the defective parts or replace the car. Be prepared for the possibility that they may ask for additional proof or documentation.

4. Contact the DMV

If the dealership did not report the car for emission testing, you may have legal grounds to pursue action with the DMV. Although it’s rare, there are instances where dealerships do not report the true condition of a vehicle to the DMV.

5. Legal Action

In some cases, you may need to seek legal advice to explore your options for bringing a lawsuit against the dealership for misrepresentation or fraud. This can be a time-consuming and costly process, but it is an option if the dealership has knowingly misled you.

Understanding the Cost of Repairs

Some buyers are unprepared for the immediate and ongoing expenses associated with car ownership, particularly with used cars. My first car, purchased in 1989, was a "wrecked-and-rebuilt" salvage title vehicle, and required significant repairs from the outset. Over the years, I invested around $2,350 in preventative and necessary repairs, which eventually led to further expenses like a timing belt replacement and top-end rebuilding.

While the car served its purpose well, it ultimately ended up costing me around $5,000 in total. Had I budgeted for these expenses upfront, I might have opted for a more reliable and less costly option.

Conclusion

When a car fails a VA state emission inspection, your recourse may be limited, but understanding the potential issues and steps you can take can help mitigate further damage. Always be cautious and diligent when purchasing a used car, and ensure you have a clear understanding of the vehicle's history and the warranties offered.