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General Smog Check
 

Does the California DMV hold me liable for Section 24007 (b)(2) of the vehicle Code?

Does the California DMV hold me liable for Section 24007 (b)(2) of the vehicle Code, regarding smog certificates even after buyer has already certified it and registered the vehicle? The vehicle was 2000 GMC Sonoma. I sold my truck not knowing that it was requirement in California to provide a smog certificate to the owner. Apparently the buyer did not know this either. Since the sale the buyer has smog certified the vehicle and registered it under his name.

The buyer later was made aware of Section 24007 (b)(2) of the Vehicle Code and contacted me a several months later asking me to pay for the certification.

While I do not have any problem with this requirement and I am willing to pay for the certification, the buyer claimed that that the DMV would come after me if I did not comply with this section.

As I read the section it seemed to me that the purpose of this code is to get a valid certification so DMV could register the vehicle. Since the buyer moved forward and registered the vehicle after obtaining his own certification, does that certification become invalid/void if they become aware that that the certification did not come from me? Would I then be required by California Vehicle code to provide a new certification to comply with this section or is DMV satisfied that they obtained their certification and vehicle is now legally registered?

Otherwise, I believe that any monies requested by the owner for the certification would be a civil matter and DMV would not become involved?

Thank you,

David

Answer:  

More then likely the DMV is not gong to get involved in this matter since the GMC Sonoma does have current smog certification (regardless of who obtained it). We think this will be more of a civil matter, and that the buyer would have to take you to court for $40 or $60 bucks or do to get their money back. The DMV is not going to come after you if you don't pay the buyer back for the smog check, after all this could have been an agreement that you and the buyer.


posted by SmogTips Support
 



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