Selling BMW Without Smog Certificate

I have a BMW 328i. Still in good shape, but the transmission has failed so it's check engine light is on. Because of that it will fail a smog check. I really haven't use the car since retirement, so I don't want to pay for repairs.

My choices seem to be to sell it for $500 to $1000 without the smog check or junk it for $100.

It really seems a shame to junk what could be a great car for someone. The suspension and body are in excellent shape and it's fun to drive.

Could I get the buyer to sign that he accepts the smog check problem (he would need time to fix it)?

Could I declare the vehicle inoperative and sell it that way?

It seems the state is making it extremely difficult to sell a car that needs repairs even though a buyer may be looking to do just that.

Answer:

This information is not intended as legal advice: The proper way of selling your BMW would be to convert the registration over to Non-Operational Status, and then sell it as-is; as a non-operation vehicle which can not be smog checked. Selling an operational vehicle without a smog certificate is a violation of VC Section 24007(b)(2).

Selling your BMW in its current operational registration status is not the legal route and the courts will probably offer you no protection should you need it in the future. In terms of enforcement, we have not heard of the DMV going after anyone selling their vehicle without a smog check. Eventually, someone will need to smog check the sold vehicle if they intend on getting it registered in CA.

posted by SmogTips Support