Do You Think I Have A Strong Case?

I bought a car through my brother, who looked and test drove the car. It's an 1989 Jetta, according to his judgement. The car was a good deal, I paid 1200. The car is from out of state and I was concern because in CA we have this thing called a smog check. I told the seller that was my concern and he ured me that it would p smog. Well it failed the smog check and the lady at the smog center advised me to get in contact with the seller and have him either pay for the repairs or just get my money back from the car. The seller initially said he would pay for the repairs but when I sent an email to confirm, He said he would only pay half of the cost of the repairs. If you live in CA please know it is the sellers responsibility to get the smog check done BEFORE he sells the car. I did not know this before purcahsing the vehicle. Had I known I wouldn't have bought the car. Now My brother thinks I should just pay for the repairs myself and keep the car. I have a 5 month old to transport in this vehicle and truthfully I don't feel safe driving the car. Besides the repairs that it will need to p the smog, according to my brother the car needs a timing belt and accessory belts replaced before they snap. When I told my brother I wanted my money back from the vehicle. He basically said I was on my own and he would no longer help me in this situation. The seller (of course) is not responding to my emails or phone calls. I know I have to take this to small claims, but do you think I have a good case.