Jaiyurai

iTrader: (30)

Kim307, why are you asking us our profession and you pretend to know what right and what is wrong?

We all know how to buy and sell cars here. The bill of sale is signed and an agreed document buy both parties. If the buyer tries to take the seller to court, then he may lose because he agreed to sign the bill of sale fulling knowing the terms of the car. Thats why the seller HAS to be very descriptive on the bill of sale.

If you feel guilty about selling a bad car, then make you sure you tell the buyer. Basically this whole thread is somethig for inexperienced buyers. But the majority of us here know what we're doing.

dole2000

What's the deal with Ebay then? It's not a known if the car offered for acution by a CA seller that the car will be sold and registered in CA. So how would this be addressed in a disclaimer on the offering?

kim307

iTrader: (1)

I don't know for sure what is the law, but I do have a good idea from buying and selling cars for profit back in college. I probably went throught more cars in a year than your average American would in their lifetime.

"We all know", but "buyer...may lose." Right. You sure know what you're talking about. I'm just asked for his profession because he sounded like he knew it as a matter of fact. I wanted to know if the information was from a reliable source.


That would be ideal, but it isn't going to happen. I doubt you have any more experience than me or any other person that at one point or another bought and sold cars for profit. Majority of us here don't know squat, including myself. That's why I would like to hear some definite answer from someone in the right profession.

SERIES7

what'd I miss?

Siraniko

iTrader: (13)

soychhh noobbbbb

adam c

iTrader: (2)

I disagree. A buyer has every right to legally purchase a car that will not pass smog. I have sold two FB's to knowledgeable buyers with the following statement included in the sales contract:

Buyer agrees and understands that the vehicle being purchased will not pass smog. Buyer accepts responsibility for any and all expenses involved in order to obtain smog a certification.

kim307

iTrader: (1)

I too disagree with what law states, but it is law and I don't see any room for negotiation it its verbage. (Not laws per se, but vehicle codes.)

adam c

iTrader: (2)

I am saying that a buyer may legally waive the requirement. If you don't believe me, ask someone else who is knowledgeable in this matter. You will get the same answer.

Siraniko

iTrader: (13)

lets end the BS already. verbal agreement is not legit in cali. maybe somewhere up in the bundoks.

Rx-7Doctor

iTrader: (13)

Verbal agreement is not acceptable in Ca on smog . However Adam c is correct. If there is a
signed contract that states that the buyer accepts the vehicle as is and states they will smog vehicle then is is a legal binding contract in Ca. Thats the official statement concerning Ca law straight from the ***** rear end

Marcus_F

Pardon the interuption, but what you're writing is incorrectomundo. If what you're saying is true, please explain how it is that I can call a junk yard and sell them my car? There's no smog cert involved, but it's a legal sale from one party to another. You're confusing a sale, which is a leagal transfer of title, with registration, which allows you to operate a "motorized unsafe smokestack of a vehicle" on a public road. Section 44015(f) of the California Health and Safety Code states that a dealer must get a smog certificate for any heap of crap that they sell -

Except as provided in Sections 4000.1, 24007, 24007.5, and 24007.6 of the Vehicle Code, a licensed motor vehicle dealer shall be responsible for having a smog check inspection performed on, and a certificate of compliance or noncompliance issued for, every motor vehicle offered for retail sale. A certificate issued to a licensed motor vehicle dealer shall be valid for a two-year period, or until the vehicle is sold and registered to a retail buyer, whichever occurs first.

That section was later amended to include to following

Under no circumstances may any institution or organization transfer the responsibility of obtaining a smog inspection certificate to the buyer of the vehicle.

Not being a dealer, I, as an individual, can legally sell you a car in the Peoples Republic of California that does not pass smog. In fact, section 5751.5 of the KKKalifornia Vehicle Code has verbiage that specifically states this. Tell your “used car lot owning friend” that the non- dealership masses will not be shackled with the chains of car ownership slavery. THE DAYS OF KUNTA KINTE ARE OVAH!


5751.5. (a) Upon transfer of the title or interest of the registered owner of a motor vehicle that is subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, if no certificate of compliance or certificate of noncompliance is submitted to the department pursuant to the exemptions described in paragraph (1) of subdivision (d) of Section 4000.1, the transferor of that vehicle shall sign and deliver to the transferee, upon completion of the transaction, the original copy of a statement, under penalty of perjury, that he or she has not modified the emissions system of the vehicle and does not have any personal knowledge of anyone else modifying the system in a manner that causes the emission system to fail to qualify for the issuance of a certificate of compliance pursuant to Section 44015 of the Health and Safety Code. The transferor shall keep a duplicate copy of the statement delivered to the ransferee pursuant to this section. The department shall prescribe and make available to transferors the necessary forms to comply with this subdivision.

(b) Any form prescribed by the department pursuant to subdivision
(a) shall contain the following statement and a space for the signatures of the transferor and transferee at the end of the statement:
"WARNING TO THE BUYER

"A valid certificate of compliance was submitted to the Department of Motor Vehicles with an application for the renewal of registration of this vehicle. If an application for transfer is submitted to the department within the 90-day validity period of the smog certification, no new smog certification will be required. However, at present, you may be purchasing a vehicle that may not be in compliance with specified emission standards.

"By signing this statement, you acknowledge that the seller is not required to provide you with an additional certificate of compliance prior to the completion of this transaction.

"You may have this vehicle tested at a licensed smog check station prior to completion of this transaction to verify compliance. If the vehicle passes the test, you shall be responsible for the costs of the test. If the vehicle fails the test, the seller is obligated to reimburse you the cost of having the vehicle tested and, without expense to you, must have the vehicle repaired to comply with specified emission standards prior to completion of this transaction.



_______________________________ _______________________
(Transferor) (Date)
_______________________________ _______________________
(Transferee) (Date)"




Before you ask my credentials, I am a graduate of the Wack-a-delic Institute for Higher Learning with a PhD (that's Piled Higher 'n Deeper) in Coed-ology. Now, back to your regularly scheduled programming . . . . .

adam c

iTrader: (2)

Verbiage in this context, and verbal agreement are not the same thing. In this context, "verbiage" refers to how it is written. You would have learned this if you had finished 7th grade

I know, without a picture, you can't figure it out

Siraniko

iTrader: (13)

Thanks for pointing it out my little smurfette. I was absent that day.

kim307

iTrader: (1)

That's because junk yard will title it as junk after they get your title, junk doesn't need smog, just cars do.

And by the clause you posted 5751.5, bascially the seller has to certify that none of the emissions equiptment was altered and no idea whether or not it ever was. Meaning a simple K&N cone filter installation will oblige the seller the pass the smog.

BATMAN

If the car doesn't pass smog with all the equipmnent present, chances are is that there is something not running right (poor MPG and power).

Rx-7Doctor

iTrader: (13)

Batman, what does that have to do with this post? Have you been jumping off buildings again
without your cape Oh by the way their is an exception to that rule on GSLSE's that i doubt none of you have ever experienced.

Kory_yahi

Oh please oh please! Use your infininte wisdom doctor and dazzal us all! Tell us the exception we are all dieing to hear it!

Rx-7Doctor

iTrader: (13)

Do the words "Blow Me" mean anything to you.

Kory_yahi

No but seriously. Dazzle us. Do it.

carcrazy

I was always under the opinion it was the seller's responsibility for passing the smog check.

If all the smog equipment is in place, shouldn't it pass smog - as Batman stated?

If the car does not pass smog, might be a good reason not to purchase if stock.

Now if it does not pass smog, and it is not stock, well - duh!

Rick

HOZZMANRX7

iTrader: (43)

You can have all the smog equipment there to pass visual. BUT, if you don't have a good cat, you'll fail anway.

DAMN this was an old thread you dredged up!!!

Siraniko

iTrader: (13)

Simple solution:

buy a smog exempt old school

BASTARD

iTrader: (4)

Best of luck getting your money back from a seller for the cost of a smog... You can take them to court and win, but you might never see your money

GOOFYROTOR

i say , STOP ******* with it.............................and whats done is done.
u should of clarified it before you paid her!

Brismo7

iTrader: (2)

What if it was $2,000 every 5 years. Would you guys pay the state of CA $2k every 5 years to have your FC's and FD's on the road legally?