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" as it relates to the smog inspection.
You may pay for any repairs necessary to get this 2002 Kia Spectra to pass the smog check and may choose to take the seller to Small Claims Court to recover your costs. If a judge awards you judgment collecting can be difficult, so the amicable solution is usually best.
Trouble Code P1404 on your Kia Spectra indicates a problem with the evaporative system diagnostic leak detection module heater control circuit. Should you want to attempt repairing this component below you will find some valuable information.
OBDII Trouble Code P1404: Your Kia Spectra's leak detection module is located under the vehicle near the fuel tank and has a 4 pin electrical connector. The leak detection unit tests the EVAP system for leaks. The module works only after the engine is turned off. An internal pump pressurizes the EVAP system and the module senses any leaks. A built-in heater keeps EVAP moisture from freezing.
You will need to verify battery voltage to the 4-cavity connector. If no voltage is present inspect the wire harness and connecter pins.
If battery voltage is present your Kia's Engine Control Module (ECM) should ground the module's heater circuit and the heater should operate.
A faulty leak detection pump heater will require the replacement of the entire module. The heater unit is not sold separately.
Once you have found the leak detection module's voltage/power wire, back probe and ground one wire and the module's pump should run. Ground another wire and the leak detection module's solenoid should activate. You should hear a click sound. The last wire will belong to the heater.