Problem
Amy sells her used car to Ray for $2,000. Amy is not a dealer or a merchant. Applicable state law requires every used car seller to deliver a valid smog certificate to car buyers as part of the sale, and buyer cannot record his or her ownership of the car until the buyer submits a valid smog certificate to the state. Amy and Ray enter into a written sales contract (validly formed and fully supported by consideration) which says, among other things, that Ray will procure the smog certificate instead of Amy. While trying to get the smog certificate, Ray discovers that the muffler is defective and must be replaced for $150 before he can obtain a valid smog certificate for the car. Ray did not inspect the car prior to purchase, and the sales contract says the car is sold "as is". Does Ray have recourse against Amy, and if so, for what?