Question about smog

[Dee78]

Sorry had not other place to put this thread.

I just sold my car which still had registration until 11/2010 but buyer went to transfer the car and dmv told him to go smog it. He calls me up and want me to pay for smog because he is saying that DMV told him that seller should have smoged it before selling...is he right or just trying to bs with me.

Thanks

 

[outbrakeridah]

He's right!!!

 

[oogieboogie]

X2

if you smogged it. It's good for 30 to 60 days?

 

[tgrrdr]

The short answer is you should have smogged the vehicle before selling. If I were you I'd pay the $50 for a smog test (or maybe tell the buyer you'll give him his money back if it won't pass and he returns the car...). Good luck.

When a car is sold, who is responsible for the inspection?

The seller is required to provide the buyer with a valid smog inspection certification at the time of the sale or transfer. Smog certifications are good for 90 days from the date of issuance.

The inspection is not required on a transfer if a biennial smog certification was submitted to DMV within 90 days prior to the vehicle transfer date (a vehicle inspection report may be required for proof of certification).

NOTE: Smog certifications are not required for transfers that occur for a gasoline powered motor vehicle that is four or less model years old. (Determine the oldest-qualifying year model by subtracting three from the current year) the four or less model years old rule does not apply to diesel powered vehicles. A smog transfer fee will be collected from the new owner. source

 

[splat]

You (The Seller) are required.

If it doesn't pass, you're required to get it to pass. Do it yourself, or pay someone, doesn't matter. If you made an agreement before hand, then you'd be free, the way the question's been posed, it sounds like you had no agreement on who'd do it, so you're responsible.

 

[tgrrdr]

If you made an agreement before hand, then you'd be free...

IANAL but according to my (limited) general understanding you can't change state law with a contract. Note in the section quoted below it doesn't say "unless the buyer agrees otherwise...".

CVC section 24007(b)(2) Prior to or at the time of delivery for sale, the seller shall provide the purchaser a valid certificate of compliance or certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.

The tricky thing in this situation is that the buyer can do whatever it takes to get it to pass smog and then sue you to recover the costs. If it passes no big deal but if it doesn't you could end up paying more than you got when you sold the car.

Question: I just purchased a vehicle and the seller did not provide a Smog Check certificate. The vehicle needs repairs in order to pass. What should I do?

Answer: 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. source

 

[tgrrdr]

If it doesn't pass, you're required to get it to pass.

I've never seen this addressed by a source I trust but it doesn't appear that the vehicle needs to pass the smog test - the seller only needs to provide the smog certificate (see CVC 24007(b)(2) in my previous post) .

 

[afm199]

Seller is required to supply a smog cert no more than thirty days old. Seller has to pay it. There is no waiver you can sign to bypass that. And if it does not pass smog the new owner can not register it.

 

[Starshooter10]

Or sell "as-is"

 

[mike23w]

even if buyer agrees to smog it, and signs a contract saying as much; the buyer can go after the seller in court and the seller would have to pay smog. that's what i've been told from a guy that used to be a mechanic and sold cars.

 

[Sidewalk]

Is it the same if it is registered non-op? I am looking now on the DMV site but not seeing it.

 

[dwarf]

IANAL but according to my (limited) general understanding you can't change state law with a contract. Note in the section quoted below it doesn't say "unless the buyer agrees otherwise...".

Or sell "as-is"

So are you not allowed to sell a car that doesn't pass smog even if you sell it "as-is" ?

 

[superhawk]

So are you not allowed to sell a car that doesn't pass smog even if you sell it "as-is" ?

Correct. By law the car must pass smog before it can be transfered. I think the law is to protect buyers. Nothing worse than buying a car you can't regester because it won't pass smog unless you fork out additional $$$ to get it fixed.

 

[NINEBALL72]

its the law!!!

If that car does not pass smog the buyer can sue you or simply just return the car to the seller,no questions asked.When you want to sell a car is best to smog the vehicle .The smog is good for three months.

 

[auntiebling]

Correct. By law the car must pass smog before it can be transfered. I think the law is to protect buyers. Nothing worse than buying a car you can't regester because it won't pass smog unless you fork out additional $$$ to get it fixed.

no, not entirely. if you want to sell a car that is to be registered for street use then it has to pass smog and the onus is on the seller. you can sell a vehicle that is subject to smog laws, which doesn't/can't pass smog, with a title only vehicle transfer. essentially, ownership is transferred and the vehicle is still not legal to drive on the public roads. i have done it once, and don't care to ever again. the vehicle, 80s blazer, had back fees, was about as smog-illegal as it could get and still have the original motor, had a murky ownership chain and i wanted rid of it legally free and clear.

-pay back registration (can't non op till this is done)
-fill out form for transfer of ownership
-i don't remember the rest.
-receive title in the mail a few weeks later

this bit of DMV trickery required an in person visit, and i believe i got lucky getting a clerk that understood what i wanted to do and how to do it.

i immediately sold that hunk of shit and i've sworn off of buying vehicles with bad paperwork... unless it's a motorcycle. HA! the buyer wanted it for parts, i don't know if he ever tried to transfer ownership or register it. either would have been a waste of money in CA IMO

all of which is irrelevant to the OP. he should just smog the thing and be done with it.