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Failed Smog Test
 

Just bought a 1995 Honda Civic DX and it won't pass smog!

My cars title is in the middle of transitioning to me, but the last step I need is to pass a smog test. I failed it so I can't get my registration or the title and I can't afford to fix my catalytic converter. Can I get some kind of help? I already got a temporary extension twice. I don't know what else to do.

Answer:  

You've got a small problem on your hands. Your Honda Civic doesn't qualify got government repair assistance because it's going through the sales process. As this Honda Civic's new owner you're not eligible for the CAP program which offers up to $500.00 in free smog check repairs.

 

You might want to know 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. The seller is always responsible for the smog certificate even if they mention the car is sold "as-is" because the law doesn't recognize the "as-is" policy when it comes to the smog check.

 

You can pay for the smog repairs necessary to get your Civic to pass the smog check and but may take the seller to Small Claims Court to recover your 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
 


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