Selling BMW 330i Without Smog Check

2002 BMW 330i. Car was in a crash. Engine runs smoothly but impossible to do a smog test on the vehicle -- doesn't move, drive wheels wouldn't spin on dynamometer. Would like to sell the car whole but confused about smog liability.

Offered a BMW 330i for parts or repair on craigslist. The pictures I posted in the ad clearly show that the car has been in a serious crash. I removed the ad because it dawned on me I might be taking on the risk of having to smog check the vehicle for the buyer, maybe indefinitely.

I don't see any provision in the CA law that releases me from this risk. For example, nowhere in the law do I see that a notarized letter, signed by buyer and seller, assigning the smog test risk to the buyer, truly releases me from the risk long-term. I might get lucky in court. Then again, I might not.

Likewise I see nothing in the law that says selling the vehicle "Planned Non-OP" truly releases me from the risk long-term either. The way I read the law, I either sell the car to a dealer or to a junkyard, or I take on the risk of having to smog check the BMW for the buyer down the road. The law is a tough read, so I could easily be wrong about all of the above. In any case, are there any exceptions to the rule for that individual sellers are responsible for making sure the car they sell complies with CA smog rules? If so then what if I brand the car a "salvage"? Would I have any smog obligations in CA for a car that was salvaged? Or what if I part it out? Do I have any smog obligations for auto parts I sell in the state of CA?

Answer:

We are not attorneys and can not give legal advice. A bill of sale stating the vehicle was purchased as-is and without tags or smog check would be invaluable in court, in terms of your requirement to smog test the vehicle before selling it to a private party. A bill of sale stating explicitly the vehicle, in the condition sold, will not pass a smog check, agreed to and signed by the buyer might discouraged him/her from law suit in the future.

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. Therefore the seller is always responsible for the smog certificate even if they mention the car is sold "as-is", or "for parts only", or even in non-operational status. The law doesn't recognize an "as-is" sales as it applies to the smog check.

Keep in mind though, this law is aimed at prosecuting vehicle owners who sell their vehicles knowing well the vehicle will not pass a smog test, but claim it will and insist you sign an As-Is document any way. That's a crime. And the court will use Section 24007 to prosecute those criminals.

posted by SmogTips Support