fd3s93

since im having a hard time passing smog. the buyer agree that he'll do the smog himself ..but by law i have to smog it ..so with the Bill Of Sale signed..if he drives of with the car and crashes...will i be responsible? k thanks

pugg57

yes, the bill of sale (at least in Md) is just an agreement to pay a certain price for the car. if you have not signed over the title of the car, its your problem.

Railgun

I'm confused. What does crashing have to do with if it will pass smog or not?

skunks

this should be in the lounge but in anycase, im pretty sure once you sign over the car and send the top portion of the title over to the dmv, you should be in the clear.

twinturboteddy

here in CA it is the seller's responsibility to have the car pass SMOG and certified in order to transfer ownership of a vehicle.

I don't think you should let anyone walk away while yoru name is still attached to the car. Who knows what could happen.

skunks

what happens if you jus twanna sell the car as a parts car?

adam c

iTrader: (2)

In California, the seller is required to get the car smogged, unless the buyer agrees to purchase the car without it.

In your bill of sale, write this:

"Buyer agrees and understands that the 93 Mazda being purchased will not pass smog. Buyer assumes all responsibility to make necessary repairs to pass smog."

Have the buyer sign next to this on the sales contract, as well as on the bottom. Be sure that you fill out a release of liability form at the dmv, and you are off the hook.

Toadman

Adam is absolutely correct. Get it in writing and consider getting it notarized. Here's the Release of Liability PDF you need to file with the DMV within 5 days of the transaction, regardless whether the new owner completes the smog/title change. It used to be a 10 day grace period(wtf?). The new owner has an option to file a certificate of planned non-operation if he can't get it smogged within 5 days of your release. CYA guy.

Someone move to West forum, where we haggle over this crap alot.