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 check.
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.
posted by SmogTips Support
