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Failed Smog Test

1978 Ford F150 Pick Up Truck with Modified Engine

The vehicle in question is a 1978 Ford F150 4 wheel drive pick up truck, with modified engine (351M). The smog parts do not meet Calfornia ARB requirements.

Three days ago a private seller sold me his 1978 Ford F150 pick up truck with a modified engine. It is a performance engine. When I went to get it smogged (he did not provide me with a SMOG certificate) the tech told me it was illegal because the parts were not approved under CA ARB. The seller refuses to give me back my money and I'm unsure how to proceed since DMV will not register the truck without a valid smog certificate.


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", as it relates to the smog check.

The buyer has the option of paying for any repairs necessary to get the car to pass the Smog Check but may end up taking the seller to Small Claims Court to recover their costs. Although the law clearly supports the buyer, collecting on a small claims judgment can be difficult, so the amicable solution is usually best.

posted by SmogTips Support 09-29-2016 01:02 PM

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