Go back to the seller, inform them about Vehicle Code section 24007 (b)(2), and try to work things out amicably. If that fails, you have the option to pay for the repairs and the Smog Check yourself, and then take the seller to court to recover your costs. Although the law clearly supports the buyer, collecting on a court judgment can be difficult. The amicable solution is usually best. If the seller is a state-licensed auto dealer, buyers have the additional option of filing a complaint with the DMV, which regulates new- and used-car dealers.