Sold Chevrolet Silverado without a Smog Certificate

I sold a vehicle to my old co-worker the day before I moved and I signed the wrong line on the pink slip. He said he would handle the smog check because I was in a loss of time for my move. So he gave me the money for the vehicle and the next day I left out of state. He went to DMV and got a 30 day registration. I sent him the statement of correction so he can finish the process of putting it in his name. Now he says he doesn't want the vehicle anymore and he wants his money back. He says he is going to take me to court because I never presented him with a smog certificate that says it will pass when he takes it. It passed in February of this year with no problem. I offered to take responsibility of all the costs pertaining to the vehicle's smog check but he says he is just going to take me to court because I refuse to give him his money back. Can he win in court because I didn't give him the certificate even though I offered to take care of the expenses?

Answer:

Not intended as legal advice: 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". In this specific case the courts might rule that the sale of this vehicle is invalid and order you to return the buyer's money and accept your vehicle back. A judge may or may not rule as such. As we are not attorneys, it be best to consult one; preferably which has experience in vehicle sales. As-is sales are done everyday, with and without smog certificates. Most sellers and/or buyers are unaware of this vehicle code section. It is not typical for law enforcement to charge a vehicle's seller with violating CVC 24007 (b)(2); a court's ruling however might be different.

posted by SmogTips Support