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Consumer Assistance

Bought a 1994 Honda Civic and it won't pass the smog check. Now what?

I need to know if the private party seller I bought car from is still responsible for getting the car I bought from him smogged. I was just informed that the car has modified headers with no carb sticker and it wouldnt pass. Is this true? The seller told me it would pass with no problem but didnt inform me of the headers. I looked under the hood before buying but I don't know anything about exhaust manifolds. Five days after buying the car it started overheating and discovered the radiator is cracked, looked okay and no leaking when i bought it, but also told it won't pass due to the overheating... I need to know what to do and if I can get the seller to pay for anything.


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." 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, when it applies to the smog check. At this point, if the seller refuses to deal with this matter you will be forced to take them to small claims court.

posted by SmogTips Support 03-19-2011 10:59 AM

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