Section 24007 (b)(2) of the vehicle code requires the seller to provide the buyer a smog certificate when the vehicle is sold. There is no provision in the law to sell a vehicle "as is" as it applies to no smog certificate.
If you've purchased a vehicle without a smog check and are now having trouble getting the vehicle to pass the smog test, an amicable solution with the seller is usually best. Contact the seller and explain your situation. Hopefully you will be able to split the cost, or come to another agreement. Worst case scenario, the small claims courts are at your disposal.
In this particular case it appears you will need to reinstall the original or OEM air intake duct/housing in order to pass the visual inspection portion of the smog check.
