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General Smog Check

1997 Toyota 4Runner Front Axle is Damaged

1997 Toyota 4Runner. I want to sell vehicle, but front axle is damaged and cannot be driven to shop for smog check. What is the best way to sell the vehicle?

The vehicle is located in California. I accidentally hydroplaned the vehicle into a pole. This damaged the driver's side control arm and axle. The damage is extensive and the vehicle cannot be driven due to it. The engine and transmission seem unscathed. The vehicle is already a salvage title prior to accident. I want to sell the vehicle to a private party, but cannot obtain the smog certificate. How should I go about this? What is the best way to sell the vehicle? Thanks in advance, Derrick p.s. accidentally spelled email wrong in first message


A bill of sale stating your Toyota 4Runner is purchased as-is and without a smog check would be invaluable in terms of your requirement to smog test this 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, can not be driven, agreed to and signed by the buyer might discouraged him/her from law suit in the future. We are not attorney and this information is not intended as legal advise. Your option is to sell the vehicle to a non-private party such as a car dealership or junk yard.

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.

posted by SmogTips Support

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