NOTE: We are not attorneys and can't give legal advice... These are just our
personal thoughts on the matter.
It is true... 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" because
the law doesn't recognize the "as-is" policy as it refers to the smog check.
However, this law is aimed at prosecuting vehicle owners who sell their vehicles knowing well on the vehicle will not pass a smog test, but claim it will and insist you sign an As-Is document any way. That's a crime. And the court will use Section 24007 to prosecute those criminals. In your specific case we feel the matter can only be resolved in court. As you are probably well aware, in California we can sue each other for pretty much anything.
posted by SmogTips Support
