It's the LAW: Sellers must pass the smog before the sale!
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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.
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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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.
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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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-
What does PNO stand for? Is it like non-op? Planned Non-Operation?
-s-
Can a lawyer chime in or soemthing and give us sure answer?
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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.
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#8
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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.
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.
#12
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.
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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Originally Posted by djantlive
Title cannot transfer at DMV until it's smogged if buyer plans on driving it legally on public roads.
Besides, they should know what they are buying and if not, stupid people are here to be taken advantage of
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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
Besides, they should know what they are buying and if not, stupid people are here to be taken advantage of
what kind of question is that. thats irrelevant unless you're asking him for a date.
Who cares about the buyer. You have their money and the release of liability form. In the end, that's all that matters.
Last edited by kim307; 07-11-05 at 05:32 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.
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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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...
#20
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Originally Posted by wackyracer
He shoulld just junk it.
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.
Last edited by Rx-7Doctor; 07-11-05 at 11:33 PM.
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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.
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.