It's the LAW: Sellers must pass the smog before the sale!
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.
PS Guess who took traffic school recently.
Joined: Aug 2001
Posts: 6,096
Likes: 9
From: So Cal where the OC/LA/SB counties meet
"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."
One problem with that statement. Contracts based on illegal foundation are per se void in California or any other state.
BUT reality is indeed even if you go to Small Claims and win, you still have to collect. Good luck with that.
One problem with that statement. Contracts based on illegal foundation are per se void in California or any other state.
BUT reality is indeed even if you go to Small Claims and win, you still have to collect. Good luck with that.
yeah thats true but if the buying party is willing to take care of the smog then let him him/her do as they please...Still can be a legal action in court but if the seller just wants to get rid of the car, and the buyer just wants to buy it then eh...
I hate to dig up this thread, but you can sell a car as a "race car" and not be responsible for the smog, this of course also means the buyer has to trailer it home and if they get pulled over driving it they can get in deep **** since they are the ones knowing it is a race car and should not be driven on the street.
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