We can't give legal advise, so the following is our opinion only; if the buyer signed 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 or some other problem which needs repair, they probably won't be looking into giving you difficulty in the future (after the sale).
It's true that the BAR (Bureau of Automotive Repairs) requires a smog certificate provided by the seller, however the DMV is only concerned with a smog certificate being presented before registration is transferred, regardless really of who brings it in or gets the vehicle smog checked.
The safest method however would be to register your Infinity as a non-operation vehicle (called a Non-Op) and sell it in that condition.
