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Do you have obligation if the car does not pass smog check after you sell it?In: Car Selling |
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Answer
According to California state law at least, the seller is responsible for making sure the vehicle he/she is selling has/can pass a smog check. The seller is supposed to provide a certificate proving that the car passed a smog check within the past 90 days. A smog check "pass" is only valid for 90 days. If the seller does not provide the buyer with a valid smog check "pass" certificate and the car fails a smog check, the seller is responsible for the cost of all repairs to get the car to a "pass" state. There is no provision in CA state law for vehicles sold in an "as-is condition. " In fact, if a seller refuses to cooperate with a buyer, the buyer is encouraged by the state of California to take him/her to court, where he or she will be made to pay all repair costs.
But don't just take my word for it. Check out the website of the CA DMV to make sure you're properly informed: http://dmv.ca.gov
Taken from the CA DMV's website:
Q: Who is responsible for obtaining a Smog Check when a vehicle is sold?
A: 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."
First answer by Yiling69. Last edit by SmogTips.com. Contributor trust: 21 [recommend contributor]. Question popularity: 110 [recommend question]
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