In CA, is it sellers responsibility to smog car before sale?

[rancid240]

Story-
bought 240, took to smog, failed as gross polluter. now i cant transfer ownership..heard from around that this is sellers responsibility.

[Dousan_PG]

yes, im 90% sure it is the sellers responsibility

[fleaf]

YES, it is the seller's responsibility (I am 100% sure). The smog check has to be done within 90 days of the sale to be valid.

[Toahk]

Yeah they are supposed to give you smog certificate with the title.

[aeontony]

I will reaffirm this-it is definetly the seller's responsibility. A lot of sellers don't know this, actually. http://www.dmv.ca.gov has a clause somewhere you can print out to show your seller.

[rancid240]

Yah, it is sellers responsibility. But I am in quite the pickle. The car is already at my house, money has been transferred, papers signed, and the car is broke down like a mofo. Seller wont return calls but has told me, its your car, you smog it. I am showing up at his house tonight. talked to dmv, they said it was a legal issue. can anyone help me out by referring me to an attorney or a small claims court? thanks

[masta]

Yikes, "papers signed" can be bad if it was an "AS IS" Sale. Yeah the selleris suppose to smog it to prevent them from selling a car that will not pass.

[rancid240]

Big suprise, seller wants nothign to do with it. Sale was never stated as being "AS-IS". Point I am trying to make is that how could the sale have been valid if the seller broke the law during the process? Well either way its quite the pickle since our case might not be solid enough to go to court. But anyone have any ideas? Can the car even be sold in this condition? its like in limbo, the ownership hasnt been transfered on the buyers side but it has on the sellers if that makes any sense.

[Dousan_PG]

time to take him/her to court
go to DMV, talk with someone about it, the seller refusing to take care of it. im sure the DMV can point u in the right direction

i say court!

[Kid Zelda]

I say it is your fault for not knowing these things before buying the car.
In addition, if he was cool about it, he would smog it for you, but he is a dickhead.
So i see two faults on both sides. (even though he should've gotten it smoged before hand, but he can calim he didn't know, just like you didn't know he had to) Try finding some middle ground were he is willing to help pay for some of the smog.


Is this really worth wasting your time going to court over ?
Just another hard lesson in the road of life, learn from it-- move on.


I'm sure you can get it $mogged :)

Did you go to a test only to get it smog'd or just a regular smog ?

Did you do a pre-smog ? If you fail pre-smog, then let you fix whatever you need to fix and come back w/o having a gross polluter on the car's record.
Anyways, I cna help with smog, but it wont be cheap .. ya KNOW$

[krazy_racer]

not until lately has that law been enforced... its always been written but no one did it... i bought so many cars without smog checks and now i wish i woulda known...

i think youre fucced to a point because the transaction is complete and youre gonna end up spending more in court fees and suing the guy than in just going through with the smog.

live and learn man

[DuffMan]

In many states (not sure about cali) the DMV has its own police agency. It's only a small office with a few people but they are there to enforce laws involving vehicle title issues. Thats who I would call.

[Sanchi]

Wait this is a private seller?!?!? because if it is a private seller and not a dealer. Im sure its your responsibility to smog it first b4 buying it. I know for sure that a dealer has to smog it b4 selling it but privately thats a diffrent story.

[krazy_racer]

Sanchi, please dont confuse they guy...

if a seller or a private party sell a vehicle it must be smogged...

it doesent matter what kind of sale it is... a private seller must give the buyer a smog certificate before the sale of the vehicle.

[krazy_racer]

oh and if your problem is because its a gross polluter i think you can apply for CAP consumer assistance program, they can cover up to 500 bucks in repairs to make your car pass with only a 100 dollar deductible.

its an easy process but you do have run around a little.. i can walk you through it if you need sum help shoot me an I/M krazyracer00 or an email [email protected]

[Toahk]

Did you do a tune up, O2 sensor and stuff? What are your results for the smog, can you post them? Maybe we can help.

[mistaanime]

well I bought my 240 at a dealer and they made me pay for the smog..weird..always thought the seller would smog it for you..otherwise if it doesn't pass they ae not suppose to sell the car.

[Sanchi]

well all i know is if ownership if a car changes titles the new owner has to get it smoged!! even if the car was just smaged last week ok :rolleyes:

[mrmephistopheles]

Wrong again.
There has to be one passing smog done within 90 days of the pending sale. If there is no passing smog, and the car is sold, the new smog is the responsibility of the new owner.
Don't speak of what you don't know with such conviction.

[ringthree]

Originally posted by masta
Yikes, "papers signed" can be bad if it was an "AS IS" Sale. Yeah the selleris suppose to smog it to prevent them from selling a car that will not pass.

Pretty sure that California law preempts even AS IS sales. It is the sellers responsibility. Try calling the CARB.

[Sanchi]

Originally posted by mrmephistopheles
Wrong again.
There has to be one passing smog done within 90 days of the pending sale. If there is no passing smog, and the car is sold, the new smog is the responsibility of the new owner.
Don't speak of what you don't know with such conviction.

Thankx for clearing that up mrmephistopheles :bowdown:

[rancid240]

-I wont take it to court. Lost enough money so far.
-I have done basic tuneup, smog, cap, o2 etcetera. Car isnt failing in just one category, but has major problems.
-Do realize i ****ed up, but i think i just shouldnt sit around and get banged with my pants on.
-Will call CARB and Consumer Affairs.
-CAP Assistance is only for biennial smog i.e. not for selling the car.

[ezupguy]

You gotta take this to Small Claims Court. Any fees you pay out in court costs will be added to the judgement in your favor.The seller MUST provide smog if the vehicle is newer than 1973 and it is sold for use in California.The Judge will give the seller the option of getting it smogged or giving you a full refund of the money you paid for the car plus all the costs paid for by you to bring the court action.
You as the buyer have to push for this.More and more here in California,cars are failing the test.
Here in North Calif bayarea,with the new "smog-2" laws,over 50% of the cars will fail.
Here is your problem,you cannot sell it now either,knowing that it will not pass,unless it is for "parts only" and not intended to be used on public streets. "likie a race car"
Common problem up here in Nor-Cal with swapping SR20 into 240sx. Can't get it to pass,can't get registration.
We need to change the law !!

[krazy_racer]

i would suggest just applying for CAP

it says its for biennial smog, but i applied for it when i bought a car and i got the grant.

you should call the department of consumer affairs and just have a chat with one of the reps... they can figure a way to help you with it,

the guy i spoke to said they could help but only once in the life of the car, after that if i were to sell it and it wouldnt pass they wouldnt do it.



FYI: did you know that if one of the CAP approved shops says the car needs too much work to pass, sometimes they let it slide for the next 2 years.... funny how theyre trying to nazify us yet they still let a few people pass on by

[rancid240]

Yes, i have heard about the 2 year rule. if the smog repairs are over $500 they will let the car get registered for two years so that you can still drive the car to make money to fix it. i.e. imagine a single car household in which the car fails, and they have no money to fix it, now they have no transportation etc. also about taking it to court i would take it to small claims but the limit is $500.