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Old 07-11-05, 02:58 AM   #1
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It's the LAW: Sellers must pass the smog before the sale!

I have bought and sold many cars over the few years and seems like no one knows.

It is the seller's responsibility to smog the vehicle before the sale. Seller just can't transfer the responbility to the buyer by stating that it is sold as-is. That doesn't imply that buyer must pass the smog. Think about it. All the used car dealers say sold as-is, but they WILL pass the smog for you. Otherwise, you can't sell it as a highway legal vehicle in CA. I think the seller must state that the car is off-road vehicle on the bill of sale or registered as NPO. Also it must be registered as off-road vehicle or NPO if you want to sell your car w/o smog.
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Old 07-11-05, 03:51 AM   #2
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What if the buyer agrees to have the car smogged before transferring the title? Does the seller have to be physically present when the car is getting smogged?


What does PNO stand for? Is it like non-op? Planned Non-Operation?

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Old 07-11-05, 03:59 AM   #3
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Well, that is why "AS-IS" is too broad of a term. If you're an experienced seller, then you would know to write on the bill of sale that the that the buyer agrees that the vehicle is non-smog compliant. The more you right on the bill of sale and the buyer signs it, then that means both parties agrees to the terms on the bill of sale.

Experienced buyers should also read every word. Don't just sign stuff because the seller says sign here.

I just recently bought an old rare '67 mustang and the seller stated on the bill of sale that the car was clean and rust-free. Two weeks later, I found the underbody was full of rust and sprayed over with black paint. Well, I got my refund back but it was just a pain to deal with.
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Old 07-11-05, 04:10 AM   #4
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Quote:
Originally Posted by scotty305
What if the buyer agrees to have the car smogged before transferring the title? Does the seller have to be physically present when the car is getting smogged?


What does PNO stand for? Is it like non-op? Planned Non-Operation?

-s-
You can pay for it, but seller is responsible for passing smog. Even if the bill of sale says that buyer will pass the smog, I don't think it matters. CA vehicle codes doesn't give an option of waiving seller of those responsibilities. Contract that comes in conflict with governing laws are invalid, i think.

Can a lawyer chime in or soemthing and give us sure answer?
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Old 07-11-05, 04:21 AM   #5
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The buyer can agree to purchase the car without smog being taken care of. If both parties agree upon this then the seller passes the responsibility to the buyer.
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Old 07-11-05, 08:19 AM   #6
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Sir, do you have a smog cert. If no, then I use my bargaining power.
This car will not pass smog and it will cost me $$$ to make it pass.
then I start low-balling him.
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Old 07-11-05, 11:45 AM   #7
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Quote:
Originally Posted by J_J
The buyer can agree to purchase the car without smog being taken care of. If both parties agree upon this then the seller passes the responsibility to the buyer.
You say it like you know it. What is your profession? and how do you know it?
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Old 07-11-05, 11:55 AM   #8
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Quote:
Originally Posted by J_J
The buyer can agree to purchase the car without smog being taken care of. If both parties agree upon this then the seller passes the responsibility to the buyer.
Get it in writing.
Has been done and will continue to be done, regardless of the law.

Someone should lobby the CA gov't to enable car enthusiasts to pay x amount of dollars to bypass smog laws. That way, less people are breaking the law for something they will be doing anyways and the CA gov't can make money off of them, even more so than they do in penalties for illegally modifying equipment.
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Old 07-11-05, 03:33 PM   #9
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or in some cases the car can't be smogged, say if it is not running like when i bought my car.

how the hell can the car be smogged pre-sale then? the responsibility can be passed if you get it in writing and agreed upon by both parties.
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Old 07-11-05, 04:08 PM   #10
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If someone smogged my ***, it would fail. That's why it is being used for racing purposes only.
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Old 07-11-05, 04:13 PM   #11
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Quote:
Originally Posted by kim307
What is your profession? and how do you know it?

what kind of question is that. thats irrelevant unless you're asking him for a date.
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Old 07-11-05, 04:53 PM   #12
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I had hell of a time smogging my car when I sold it last year. Title cannot transfer at DMV until it's smogged if buyer plans on driving it legally on public roads.

It took me 5 trips to 3 different smog shops. Changing O2 sensor utimately helped. Going to a smog shop that's done rotary all day long (ask rotary specialist who they use) was also helpful too. It took 2 wks to get it smogged.

I was glad I got it to pass. The car was hard to let go and I think the car didn't want to be sold cuz I pampered it like mad.
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Old 07-11-05, 06:10 PM   #13
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Quote:
Originally Posted by djantlive
Title cannot transfer at DMV until it's smogged if buyer plans on driving it legally on public roads.
Who cares about the buyer. You have their money and the release of liability form. In the end, that's all that matters.

Besides, they should know what they are buying and if not, stupid people are here to be taken advantage of
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Old 07-11-05, 06:28 PM   #14
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Quote:
Originally Posted by RX-Heven
Who cares about the buyer. You have their money and the release of liability form. In the end, that's all that matters.

Besides, they should know what they are buying and if not, stupid people are here to be taken advantage of
That's why it's sad. A lot of people that you can take advantage of. I've done it and it's too easy. It's as simple as, "since it's fixed up, you gotta pass the smog." But that's not the law folks, just letting the club member know. Protect yourself. It is ultimately a seller's responsibility to smog the car if the car has a current registration and it's being sold as a highway legal car.

Quote:
what kind of question is that. thats irrelevant unless you're asking him for a date.
I ask what profession he holds, but a lot of people don't know ****, but think they do. Even worse, they spread the wrong info and take others down with them. Then again you're from the valley where people are judged by their wealth. (not saying you do that.)

Quote:
Who cares about the buyer. You have their money and the release of liability form. In the end, that's all that matters.
Wrong, they can ask for refund or have you pay them back for the cost of fixing the car to pass the smog.(according to a friend who has a used car sale business.)

Last edited by kim307; 07-11-05 at 06:32 PM.
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Old 07-11-05, 06:48 PM   #15
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Quote:
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Wrong, they can ask for refund or have you pay them back for the cost of fixing the car to pass the smog.(according to a friend who has a used car sale business.)
Thats funny.
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Old 07-11-05, 06:52 PM   #16
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Thats funny.
Yeah, it does sound a little funny, but possible.
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Old 07-11-05, 09:07 PM   #17
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you would win your money back if it went to court, it is the law...


which is why i said, if you have a letter specifying both parties agreed that the buyer does the smog then it is basically on the buyer but even that i don't think would stand up in court but better than not having any proof at all.
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Old 07-11-05, 09:43 PM   #18
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My friend bought a 85 MR2 months ago that the seller didn't smog, now he's trying to get it to pass smog because he needs the registration soon. He's probably spent half what he paid for the car already trying to get it to pass smog. Just spent over $100 last week for a diagnostic and now i think he has to buy a new cat. He's pretty much getting screwed over cause the seller didnt smog it...
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Old 07-11-05, 11:39 PM   #19
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He shoulld just junk it.
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73 RX-3 = done but took longer than expected to complete
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Old 07-12-05, 12:31 AM   #20
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Quote:
Originally Posted by wackyracer
He shoulld just junk it.
You want everything to be junked so you can pick it up cheap
As far as the smog law is concerned in Ca. It is the sellers responsibility to smog no matter what if the vehicle is sold as a running vehicle. The buyer and seller can agree to anything they want to and it won't make a bit of difference what is on paper. You can still go back on the buyer and make him smog it or refund your money of the purchase price.
The exception is if you sell the vehicle as a parts car only and state it is not running.

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Old 07-12-05, 01:20 AM   #21
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Quote:
Originally Posted by rx7doctor
You want everything to be junked so you can pick it up cheap
As far as the smog law is concerned in Ca. It is the sellers responsibility to smog no matter what if the vehicle is sold as a running vehicle. The buyer and seller can agree to anything they want to and it won't make a bit of difference what is on paper. You can still go back on the buyer and make him smog it or refund your money of the purchase price.
The exception is if you sell the vehicle as a parts car only and state it is not running.
wow. That ******* owes me about 200 bucks for making me smog my 2nd gen when I first bought it.
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Old 07-12-05, 03:17 AM   #22
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So this thread pretty much just means. Don't be a retard when buying a car. AND when selling your car don't be an *******.
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Old 07-12-05, 10:01 AM   #23
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Originally Posted by Kory_yahi
wow. That ******* owes me about 200 bucks for making me smog my 2nd gen when I first bought it.
told ya to buy a toyota. less headache.
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75 RX-3 = small bumpers and SP tailights (sold!)
73 RX-3 = brap brap and away
73 RX-3 = done but took longer than expected to complete
SA and S3 RX-7 = on the sideline collecting dust
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Old 07-12-05, 11:53 AM   #24
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told ya to buy a toyota. less headache.
He had to buy a Mazda, couldn't spell Toyota
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Old 07-12-05, 03:43 PM   #25
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Or sell em out of state, like I do
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Old 07-12-05, 03:43 PM
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