Truth is... 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. It's very important that the smog check
certificate you gave the buyer was not older then 60 days. Smog check
certificates are good only for 60 days when used for the purpose of selling
a vehicle, even when obtained for registration renewal purposes. If the
certificate is older then 60 days, technically they can return the vehicle
to you, but only through small claims court. Although the law clearly
supports the buyer, collecting on a small claims judgment can be difficult
specially when it's been 5 1/2 months and the buyer has had the duty of
registering the vehicle in his or her name within 10 days which they failed
to do. Personally I don't think any judge will side with them; but I'm not a
judge or lawyer...
The first thing I'd recommend you do is make sure the DMV has removed
liability of the vehicle from you. When you sell a vehicle and hand over the
pink slip you need to tear off the lower portion of the pink slip (this is
the release of liability section) and mail that in. The release of liability
form indicates you've sold your Ford Ranger and you are no longer
responsible for anything that happens with the truck in terms of parking
tickets or accidents. Insure that this has been done. If you did not send in
the release of liability form at the time you sold your Ford Ranger make
sure the DMV enters this information now; backdated. This is the number one
thing to do. Next I'd ask the buyer what they want to do. If they want to
give the vehicle back to you, you should refuse. Too much time has passed
for you to accept the truck back. If they are willing to provide you with a
written estimate of what repairs are needed TO PASS THE SMOG TEST ONLY, you
might want to considered splitting the cost with them and getting this issue
resolved amicably. Good luck.
