Question: I have a 2003 mazda 6 not
registered in california. We are military so it doesnt have to
be registered here. My question is... I am trying to sell my
car, am i responsible for having it smog checked before i see
it to someone in california? Is the buyer going to need a smog
certificate in order to register the car in their name?
Answer: Since the
vehicle will be sold in California you will have to provide
the buyer with a passing smog check certificate. The new owner
will need it in order to complete the registration
process.
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Question: I have a car that is
registered and inspected in Virginia. I drove it out
here for a temporary assignment and I would now like to sell
it before flying back to Virginia. Am I required to
get a smog inspection?
Answer: Because the transaction is taking place in
California, California laws must be followed. Section 24007
(b)(2) of the Vehicle Code states it is the responsibility of
the seller to provide a valid smog certificate at the time of
delivery of the vehicle. There is no provision in the law to
sell a vehicle "as is." Therefore the seller is always
responsible for the smog certificate even if they mention the
car is sold "as-is" because the law doesn't recognize the
"as-is" policy.
The buyer has the option of
paying for any repairs necessary to get the car to pass the
Smog Check but may end up taking the seller to Small Claims
Court to recover their costs. Although the law clearly
supports the buyer, collecting on a small claims judgment can
be difficult, so the amicable solution is usually best.
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Question: I sold my vehicle some time
ago. The buyer's recently contacted me and informed me that
the vehicle did not pass smog and that it is still my
responsibility to take care of it. (I did look that up and
unfortunately it is so). Furthermore, I cant afford the
repairs. I see that you guys offer financial assistance. I
have printed the application. Can I still apply for it or
should they??? The car is still registered to me.
Answer: If the buyer has already begun the title
transfer process, in order words, they gone to the DMV and
paid the renewal;/transfer fees - but need the smog check to
complete the registration, then unfortunately the state
assistance programs will not be able to help you.
If however the buyer has not yet been to the
DMV, then the vehicle is technically still registered to you
and you can regain possession of it and apply to the state
assistance programs. Once the vehicle is repaired and passes
the smog check, and after you pay your registration fees, you
will be once again able to sell the vehicle
legally.
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Question: I'm selling my car (2000
Grand Prix GTP) and the DMV site indicates I must provide a
smog certification at the time of sale. Does that mean
going to a test only or test/repair center?
Answer: Your vehicle should only
require a regular smog check. Although to make certain I
recommend you contact the DMV at (800) 777-0133. They will be
able to look up your vehicle's plate number and ensure there
aren't any special requirements for your vehicle.
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Question: I am selling a car.It had a
smog check last July. Does it need another smog check? What
documents if any are needed by the smog test
station?
Answer: A California smog certificate
is valid for ONLY 90 days when used for registration renewal
purposes and 60 days for the use of sale. At this point I
believe you'll need to obtain a new smog check if you intend
on selling this vehicle.
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Question: My question is
if you wanted to give a car to someone but did not want to pay
for the smog test because the car is an old 82 ford can you
give it to them as is and is there such a thing as an as is
contract?
Answer: Section 24007 (b)(2) of the
Vehicle Code states it is the responsibility of the seller to
provide a valid smog certificate at the time of delivery of
the vehicle. There is no provision in the law to sell a
vehicle "as is." However if the buyer will sign a waiver,
admitting full on, that he/she is aware that the vehicle is
being bought without a smog certificate because of a damaged
engine, you should be fine with the sale. Remember though, if
the buyer one day decides that they made a bad choice, they
still maintain the right to sue you in small claims court to
collect on any damages. I can't imagine any buyer would do
this sort of thing, specially after signing a waiver, but just
keep in mind: By selling a vehicle WITHOUT the smog
certificate and with a waiver will not protect you in court.
There is also the option of selling the vehicle as
"Non-Operational". In this case the buyer must sign a waiver
stating he/she doesn't plan on registering the vehicle just
yet, but does reserve the right to in the future.
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Question: I am planning on selling my
car by the end of May. Can I already have to smog test done?
Will it still be valid by the time I sell my car?
Answer: A California smog certificate
is valid for ONLY 90 days when used for registration renewal
purposes and 60 days for the use of sale. At this point I
believe you'll need to obtain a new smog check if you intend
on selling this vehicle.
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Question:
I purchased a 1998 Kia Sportage that the people told me I'd
have to smog and it runs great, has always passed inspections
for the past several years but it wouldn't even pass the
preliminary test. They didn't charge me but told me that it
would cost 80.00/hr to diagnosis the problem? I can't afford
any more money and we desperately need this vehicle as my
mother is 88 and lives with us. We cannot afford 1000.00 in
repairs too. Is there anything I can do? The person who sold
it said that was the agreement and won't budge, so I am stuck
now. Also, when they do the smog test, doesn't that give the
diagnosis of the car and tell the problem that needs to be
repaired?
Answer: Depending on what you paid for this vehicle, and if it
is to your advantage to go to small claims court, you may be
able to use the following Vehicle Code Section to your
benefit; Section 24007 (b)(2) of the Vehicle Code states it is
the responsibility of the seller to provide a valid smog
certificate at the time of delivery of the vehicle. There is
no provision in the law to sell a vehicle "as is." Therefore
the seller is always responsible for the smog certificate even
if they mention the car is sold "as-is". Now here is the
problem... being it that you went ahead with the purchase of
the vehicle without the smog check, I can't say for certain a
judge will find you as a victim. The vehicle code applies to
all, and failure of knowing the law is not a defense, but you
may want to give it a chance and file. As the buyer you
also have the option of paying for any repairs necessary
to get the car to pass the Smog Check and may take the
seller to Small Claims Court to recover your costs. Although
the law clearly supports the buyer, collecting on a small
claims judgment can be difficult, so the amicable solution is
usually best.
Note... we offer you this information solely for
educational purposes, and recommend if you do plan on
proceeding with a lawsuit, you contact an attorney for
accurate and detailed information.
As far as the smog test, unfortunately the smog test alone
will not indicate the faults which caused your vehicle to fail
the test unless these faults are strictly "visible" and not
emissions related. If the vehicle fails for emissions, a hands
on diagnosis will have to be made in order to determine the
component/s at fault.
