Selling sr20 car to someone is illegal in cali?

[Kevin920415]

My friend is in this conflict, he just sold his sr20 hatch to someone in near L.A., and he clearly told him it would have to be "smogged." and a week goes by he comes back stating that it doesn't pass smog officially and threats to report if he doesn't smog it. I mean what the f. Does state do anything about this? or does my friend have to handle this situation or ignore it?

he did not write any bill of sale and only sold it through pink slip...
any help guys?

[jesse_s13]

Your friend is fine. Just say it was a track car or whatevs.
The other guy is retarded for not knowing what he was getting into. It was probably some kid that had a honda and wanted a nissan not knowing anything about them.
As for your friend maybe he wasn't so honest. But car is sold. End of story.

[rat240]

your friend should refund the buyer

[BRAIN_Z33]

You, your "friend" aaaaannnnnnd the buyer are all going to jail!

[Tearlessj]

I don't know about you guys, but once a car is sold. It's none of the sellers business anymore.

[Ithical]

Basically how I know it is. I do believe per CA law smog is the responsibility of the original owner, however, if the car is sold "as-is" and buyer understands that the car will not pass smog in current condition, it is no longer the original owners responsibilty to handle smog or anything else. Once ownership has switched hands it is no longer your friends responsibility.

[JSimpson]

your friend should refund the buyer

NO. sold is sold... its an SR get over it damn tree-hugger

[skysilvias13]

matter is it was bought and signed over end of story.

I call the bluff because in the end the buyer should of known what he was getting into. Especially after a week.... of it being in the new owners possession.

[Kevin920415]

come on guys i cant afford 2 cars at once -.-'' its really my friends hahaha.
ka all the way for me haha. yeah seriously the guys getting annoying. i had some honda guys check out my car the other day.. i swear.. honda guys are slowing creeping up to nissans..

[sebastianwrx]

once ur friend handed the pink slip to a buyer that means the car its sold and its not his responsibility anymore ..so the smog and etc its the new owner responsibility..so ur friends its safe

[Felipe]

Basically how I know it is. I do believe per CA law smog is the responsibility of the original owner, however, if the car is sold "as-is" and buyer understands that the car will not pass smog in current condition, it is no longer the original owners responsibilty to handle smog or anything else. Once ownership has switched hands it is no longer your friends responsibility.


^^^ yup

he should of put on the bill of sale that it is a "track only car" and its "sold as is".


if he did... that guy can complain and call the cops and go to court all he wants.

if he didnt then he might have to pay for smog.

[cc4usmc]

Have fun in court.

lol no bill of sale

[Drift_86]

I heard you cant lie about if a car has been salvage, you could sue them. Idk about engine swaps

[!Zar!]

California state law, the seller responsibility to smog car.

Worst case he gets refunded whatever the for sale price on the pink slip states.

[xh3nry]

California state law, the seller responsibility to smog car.

Worst case he gets refunded whatever the for sale price on the pink slip states.

Then he gets back $300 lmao...

[FunnyVictor86]

I don't know about you guys, but once a car is sold. It's none of the sellers business anymore.

I agree. Also OP you should tell him to go blow some smog guy to pass HIS car. Because it's no longer your car, it's his problem now. I had to pay to get my stock KA to pass smog and I'm not crying about it.

[xh3nry]

I agree. Also OP you should tell him to go blow some smog guy to pass HIS car. Because it's no longer your car, it's his problem now. I had to pay to get my stock KA to pass smog and I'm not crying about it.

Damn, how much did you spend on it?

[FunnyVictor86]

Damn, how much did you spend on it?

At the time it was 150 but it was either that or replace the o2 sensor and catalytic and hope it passes.

[Karlitos]

1) Buy it back for being annoying. 2) Move this to regional chat is not CA. 3) Technically it is the SELLERS responsibility to smog the car, though that rarely happens. He has a certain "right" to complain if nothing was written that it was sold as is.

[ILoveJDM]

Then he gets back $300 lmao...

then why is this even an issue?

if he takes your friend to court he already has to know this scenario, what is he going to say, he paid x,xxx amount and it says $300?

[benarovi561]

shits a felony ur friends fucked for life

[!Zar!]

then why is this even an issue?

if he takes your friend to court he already has to know this scenario, what is he going to say, he paid x,xxx amount and it says $300?

Win/win !

[TerrySilysacks]

probably ran out of money to smog the car, and there so he trys to hustle the recent owner to smog it. threatening him with all theses California smog laws. but yup. just guessing! xD

[Poppadoc]

i thought its the new owners responsibility to smog the car. when i bought my car they told me when a car changes ownership it needs to be resmoged

[drift2010]

You, your "friend" aaaaannnnnnd the buyer are all going to jail!

LOL... :kiss:

[skysilvias13]

In all seriousness it doesn't matter bill or sale or not pink slip is the major key here. From a courts perspective he may have sold the car without a SR20 in the car. With a weeks time frame anyone can swap an engine into a car easy. Just takes time and money.

As far as smog goes the whole rule of the seller smogging it is submissible.... AAA and dmv always ask for you to re smog when transfer of ownership.

In court solid evidence and documentation is required. A bill of sale states what is being sold doesn't matter.... Pink slip and signatures are good as gold. That fact that the individual that bought the car was unknowledgeable to determine what HE* was getting into does not fall on seller. Hence the term BUYER BEWARE, At BUYERS EXPENSE, AND ALSO IT IS BEING SOLD AS A PRIVATE PARTY!

Basically tell the guy to go fuck himself and if he wishes to pursue a lawsuit rebut with "i'm prepared to counter sue"

If the idiot can't even pay for a smog.... What makes you think this dipshit can hire a lawyer? In any case if he does he will spend more money trying to get his money back... At the same time he risks all the hassle and possibly a worse out come.

[Mozoby]

i think with no bill of sale the situation is a little sketchy for your friend. technically in CA smogging is the sellers responsiblity, but this can be avoided by selling a car "as is" and stating that on a bill of sale. Without the bill of sale, the buyer can claim you made some type of verbal warranty or such, and it could go either way.

[lscustoms]

For people like the buyer, is the reason why i second guessed buying another 240sx..... SO MANY honda heads are jumping on the band wagon it aint what it use to be =(.... I remeber the days when u would see another 240 and throw up a duece sign or pull up and start talking to them like if you knew each other, NOW 240sx come up to you reving your engine, and trying to race u like WTF??? =(

[Mikey McFly]

California state law, the seller responsibility to smog car.

Worst case he gets refunded whatever the for sale price on the pink slip states.

Then he gets back $300 lmao...

then why is this even an issue?

if he takes your friend to court he already has to know this scenario, what is he going to say, he paid x,xxx amount and it says $300?
The proof is in the paper! Yea, by CA law, he was supposed to smog it before he sold it but he can just claim it as a track car like everyone else said. The thing that sucks is that he didn't have what he said in black and white.
Lol, $300. Give him his money back.


I once saw a woman in a 240.
I smoked the shit out of her.
Now when she's asked who's boss, she pulls out a 2x2 picture of me dressed as moses on a swing.
And i don't look happy.
No, not at all.
Whats wrong with females in 240's?

[G Fo12ce]

Basically how I know it is. I do believe per CA law smog is the responsibility of the original owner, however, if the car is sold "as-is" and buyer understands that the car will not pass smog in current condition, it is no longer the original owners responsibilty to handle smog or anything else. Once ownership has switched hands it is no longer your friends responsibility.

What he said ^^.

It's always been the sellers responsibility in CA. I always make up a release of liability in addition to the one attached to the title (which is just for accident purposes). If there is anything unusual like "the buyer agrees to smog the car", or "the car has and engine not originally from the US" I put it on there. I have the buyer sign it so there's no way they can come back and try to hold me responsible or say you didn't tell them. All of you guys should do this and file it away.

[Drift_86]

In all seriousness it doesn't matter bill or sale or not pink slip is the major key here. From a courts perspective he may have sold the car without a SR20 in the car. With a weeks time frame anyone can swap an engine into a car easy. Just takes time and money.
[/I]

Why would court belive it didn't have sr20? He's really gonna spend money to swap an engine to run just to lose that money just to get back some of that money to screw this guy?

[Kevin920415]

well this sure has been a great topic to discuss about.

[EsChassisLove]

lol wow the buyer is an idiot.

[skysilvias13]

Why would court belive it didn't have sr20? He's really gonna spend money to swap an engine to run just to lose that money just to get back some of that money to screw this guy?

That's my whole point who is to say what it did and didn't.. We* are only going by what the seller said....

[Tempo]

is it possible to just say you sold it to him as a "track car" and the reason for the "$300" price tag was cause you don't race the car and have no needs for it and this guy just picked it up? would smog still come into play on a track car being sold?

just shooting ideas.

[Vatche]

so many uneducated posts in this thread. if you dont know the law why post?

go watch some judge millian or something...

i dont even know the law 100%
but im pretty sure
you cant say "it was a track car" if the car is registered to be driven
seller is responsible for smog unless written on bill of sale that he is not
an sr20det is illegal to register in CA
selling one registered is illegal
selling one to someone and expecting to get away with it without them knowing is stupid
selling a car to someone and not writing a bill of sale is stupid

knowing how to do things right - priceless
this thread is stupid :/

[EsChassisLove]

I like you, Vatche.

[G Fo12ce]

so many uneducated posts in this thread. if you dont know the law why post?

go watch some judge millian or something...

i dont even know the law 100%
but im pretty sure
you cant say "it was a track car" if the car is registered to be driven
seller is responsible for smog unless written on bill of sale that he is not
an sr20det is illegal to register in CA
selling one registered is illegal
selling one to someone and expecting to get away with it without them knowing is stupid
selling a car to someone and not writing a bill of sale is stupid

knowing how to do things right - priceless
this thread is stupid :/

I agree with everything you said except "you cant say "it was a track car" if the car is registered to be driven". You could have converted the car to a track car during the valid registration period. You are not obligated to cancel the registration, just not drive it on the street if its not legal. When the registration is due is when you would get a PNO (paid non-operation) status assuming you were never going to drive on the street again.


I like you, Vatche.
Ill fix this for you:
http://movie-reviews.com.au/sites/default/files/images/borat-1.jpg

[speedracer5]

the guy who said u and ur friend and the buyer are going to jail is right but he did forget to say all ur familys and friends from zilvia are going too. i kid i kid k listen listen same bs thing happened to a friend of mine excpet a cop came over i was there k so they cop said was the buyer aware of issue if yes it is his fault and will have to get a straw and suck it the fk up. now if he wasnt the cop said he would make him give the money back as well as the car.

[DS562]

once the title is transferred, its the buyer's problem. its his responsibility to do his research.
fuck that guy.

[Vatche]

once the title is transferred, its the buyer's problem. its his responsibility to do his research.
fuck that guy.

thats not true because there are laws that protect the buyer.

if you sell something to someone KNOWING that it is a fuck up, if the buyer can prove it later than you get screwed.

i dont know if this law is still around or enforced but i think it was something like the lemon law.


and thanks guys for the kind words.
and for the nice knowledgeable posts with details.
I just know the law is super strict and sometimes you can use it to your benefit to screw others, or you get screwed.

the track car thing, i did mean if he had the car on the street or visible from the street, but you are correct :D

[DS562]

i meant that in the sense that he should've known that the Sr isnt CA smog friendly.

[Om1kron]

Have fun in court.

lol no bill of sale

Yeah what a dumb shit! If you don't want to write out a bill of sale to cover your own ass he deserves to have this come back on him. If they want due to the california lemon law he will have to take the car back and pay the buyer in full if the car can't pass smog, the odometer obviously isn't correct, etc, etc.

You don't understand how much more of a problem this can be if the person throwing a fit knows their shit.

[xpl2007]

God everyone wants to put there BS in without knowing the laws. The place were the car was sold.

No there is no lemon law for private sellers.

Its simple seller must take care of smog. But if there was a document, verbal agreement that seller takes car of smog then its going to be up to the judge, each is different. Also the engine is illegal.

So for me personally I am like FK that idiot who thinks a sr in anything will pass smog. Ive sold cars before that people know will not pass smog, and people think how do you smog that car, how do you insure that car. FK its a SKYLINE i dont fkn know. Cars not for you if you think you can hop in and drift like me or other shit.

So bottom line is its up to the small claims judge. Verbal agreement and or documented on paper is a legal contract. Before posting research your shit on the net before bringing it here and killing shit just like FAST AND THE FURIOUS and other topics which people have had RHD cars.


IE

"Hey so I sold some crack to this guy but he wants a refund and hes suing me"!

[Kevin920415]

LOL end of the story, always have a bill of sale stating that it sold as is along with pink slip when you sell a vehicle.

[VertTwins]

Amazing not a single link to actual published information in this thread. Here let me help. This is directly from the state of californias website regarding sellers responsibility. Right away you notice "as-is" is no cop out. Seller is still responsible. What it does not say is you gotta submit your your plates to DMV and register it as an off road vehicle before you sell it.

Smog Equipment Requirements for Used Vehicles (A Guide for the Used Car Buyer) (http://www.bar.ca.gov/80_BARResources/02_SmogCheck/Used_Vehicle_Smog_Equip_Req.html#A) Guide for the used Car Buyer

[DJ-of-E]

Amazing not a single link to actual published information in this thread. Here let me help. This is directly from the state of californias website regarding sellers responsibility. Right away you notice "as-is" is no cop out. Seller is still responsible. What it does not say is you gotta submit your your plates to DMV and register it as an off road vehicle before you sell it.

Smog Equipment Requirements for Used Vehicles (A Guide for the Used Car Buyer) (http://www.bar.ca.gov/80_BARResources/02_SmogCheck/Used_Vehicle_Smog_Equip_Req.html#A) Guide for the used Car Buyer

This alone should answer all the questions.

/request to close thread.

[thegame213la]

hahahaha stupid buyer is just a fin dam neewbie that wanted a nice car with a nice motor but didnt know anything about SR's