Bought Used Car In Fb Marketplace And It Failed Smog (in Ca)

I saw an ad for a used 2006 Subaru on FB marketplace and met him later that day to check the car.

During the test drive of the car, there was a check engine light on the dash but I didn't really think much about it (red flag). I didn't notice anything else wrong with the car during the test drive and asked him if he knew any other issue besides the dash and he said no. I ultimately decided to buy the car from him.

He provides a bill of sale and we both sign it. He gives me the keys, the title, and previous registration and I give him the cash.

The next day I went to get a smog to start the process of getting the vehicle registered (located in California). It failed smog due to the transmission and the mechanic told me the cost could vary with the low between $3-5k.

I message the seller and about the failed smog and ask for my money back and he tells me that he won't give me my money back because I did a test drive, said it was good, and signed the bill of sale he provided.

I am looking at the bill of sale and it says that in number 5 that a smog would be performed by the seller 60 days prior to selling the car. This was not done at all since I did it.

I checked the CA website and it says that a car can't be sold unless it had passed a smog.

But my main issue is number 6 on the bill of sale says that I bought "as is". I didn't review the bill of sale when I signed (my dumbass fault).

I am trying to figure out if I can take him to court for not providing a passing smog and try to get my money back or will the "as is" screw me over

https://imgur.com/a/jhNm9Ru