There is a section (24007 b2) in the vehicle code which specifically states
it is the responsibility of the seller to provide a valid smog certificate
at the time of delivery of the vehicle. Nothing in the law says a vehicle
can be sold "as-is" as far as the smog check is concerned. The seller is
always responsible for the smog certificate.
If you buy a vehicle without a smog check certificate and it later fails the
smog check you have the option of taking the seller to Small Claims Court to
either return the vehicle or have the seller pay for the cost of getting it
to pass the smog test. The law clearly supports the buyer but collecting on
a small claims judgment can be difficult. The best bet is to deal with the
seller directly citing the vehicle code.
And yes... the EVAP test is required on all 1995 and older vehicles, unless
your motor home has two gas tanks. Trucks or RVs with two gas tanks are
exempt from the EVAP functional test.
