Matching You with a Pre-Screened Smog Check Center You will Love
Free Online Smog Check Diagnosis
$500 Free Consumer Repair Assistance
Failed Emissions Test
How to Pass the Test
Who Else Wants To Pass the Smog Check
Miles: 
Which Type Should I Choose?
 
            
    Forum > Vehicle Registration > Question

Join the community and post your questions. Ask-A-Tech right now!
 
 



Vehicle Registration
 

I bought used car that failed the smog check. The seller does not want to take responsibility.

I just bought a used car with oregon license plate. The smog check here in california failed. Seller is not taking responsibility and stating that he has mailed his paper to dmv and that releases him from liability. Is that correct? I did tell him that seller is responsible for smog check and it's a state law. But he doesn't care. What are my options right now?


Answer:  

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 far a the smog inspection is concerned. Therefore the seller is always responsible for the smog check even if they mention the car is sold "as-is". Assuming the purchase took place in California (even though the car is from Oregon) the seller has to follow this law.

 

The release of liability document the seller completed and sent to the DMV only releases them of liability as far as parking tickets, accidents, vehicle code violations and so on; basically only things that you do with the vehicle after the purchase. It DOES NOT release them of the liability from following the law which specifically states he or she is required to give you a passing smog check certificate along with the vehicle when you bought it.

 

Unfortunately, your option at this point is to pay for the repairs necessary to get the car to pass the smog check and then take the seller to small claims court to recover your 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 06-05-2010 10:25 PM
No smog check? No problem. Pay your DMV renewal fees now and avoid penalties!
NeedTags - OL #89953. California authorized online vehicle registration service provider.


Related questions and answers you might find useful:

EGR Backpressure Transducer Cap Missing Off Top of Filter? by Hayden on 08-14-2017 05:20 PM

Mercedes S430 Aftermarket Air Intake Duct Caused Smog Failure by christian on 08-11-2017 11:50 AM

2001 Chevy Silverado OBD II Not Ready After 7 Months by chap on 08-07-2017 07:41 PM

2003 Subaru Outback 2.5L Catalytic Converter Issue by David on 08-04-2017 10:31 AM

Can I Get a Smog Check Before it is Required by the DMV? by Michael on 08-03-2017 01:19 PM