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Old 07-25-2010, 04:51 PM   #1
JASWRX
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Default Selling a car in California without smog certificate

I am trying to sell my car in CA and I cannot pass smog. Is it true that the seller is responsible so even if someone handed me cash, they would not be able to register it and my car would be floating around there with my name still registerd so if something happened, I would be screwed!

Do I have this correct?

Thanks,
Justin
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Old 07-25-2010, 05:43 PM   #2
TRinityMtrSprts
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The seller is supposed to be responsible for having the vehicle smog checked before the time of sale (i believe there is a 2 month leeway), but sometimes the seller will just lower the price to the buyer and have them smog it on their own (I did this with my 02).

If the buyer doesn't smog it and register it, then if the car ever get's ticketed it will be sent to you. In that case you just say that you sold the car, and send them a proof of title transfer and your free.

I doubt anyone can really hold you responsible for not smogging it.
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Old 07-25-2010, 05:54 PM   #3
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http://www.dmv.ca.gov/vr/smogfaq.htm

When a car is sold, who is responsible for the inspection?

The seller is required to provide the buyer with a valid smog inspection certification at the time of the sale or transfer. Smog certifications are good for 90 days from the date of issuance.

The inspection is not required on a transfer if a biennial smog certification was submitted to DMV within 90 days prior to the vehicle transfer date (a vehicle inspection report may be required for proof of certification).

NOTE: Smog certifications are not required for transfers that occur for a gasoline powered motor vehicle that is four or less model years old. (Determine the oldest-qualifying year model by subtracting three from the current year) the four or less model years old rule does not apply to diesel powered vehicles. A smog transfer fee will be collected from the new owner.
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Old 07-25-2010, 07:48 PM   #4
thisisthenewsic
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its technically your responsibility.

if you sell it and dont smog it
have the new buyer sign a paper stating that he is going to take care of the smog himself
i did this before and didnt ever have a problem

just keep that signed letter stating they will take care of it
so it covers your ass if anything does happen
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Old 07-26-2010, 05:25 AM   #5
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the paper is good but if I had to mess with something proving it later in court or something, what a pain in the ass. It seems it is best to smog it so I do not have to deal with in the future.

on the DMV site, it says sellers responsibility at the time of sale
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Old 07-26-2010, 01:13 PM   #6
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Quote:
Originally Posted by TRinityMtrSprts View Post

I doubt anyone can really hold you responsible for not smogging it.
Of course they can.


If he just sells it and the buyer can't get it to pass smog, he can turn around and sue the seller for the repair costs. It is legally the seller's responsibility that it passes smog, unless the buyer/seller have something else prearranged.
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Old 07-26-2010, 02:08 PM   #7
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Plus nobody will give the buyer a loan (if needed) if the car does not have a valid smog certificate.
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Old 07-26-2010, 02:42 PM   #8
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so I need to sale it out of the state? I do not think I have a choice. It appears every other state, the law is different and it would not matter if I do not have smog/inspection in the last 90 days.
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Old 07-26-2010, 02:44 PM   #9
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^^^
I think so . CA is the strictest on smog
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Old 07-26-2010, 03:14 PM   #10
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I just bought a car with check engine light on and no smog certificate. In this case, best way to attract the customer is price: in my case, i paid $3000 for an $8000 valued car.
Usually upon sale you fill out the bill of sale and also a separate agreement that you sell the car "as is" with both parties signatures.
You will send in to DMV the bottom portion of the pink slip to release the car. That step will erase the car off your name in DMV records.
The buyer must register the car under his/her name in 10 days i believe.
After this you don't have to worry anymore about the car you sold.
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Old 07-26-2010, 04:11 PM   #11
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^^^ I do not understand! So if you write a separate agreement stating that you sell the car is stating that it will not pass smog and send this to the DNV, I am okay? Then how is he going to pass smog? He would not even be allowed to register his car then!

I cannot find any proof about this staying that I can write a separate document.
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Old 07-26-2010, 04:22 PM   #12
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Quote:
Originally Posted by fredtga View Post
I just bought a car with check engine light on and no smog certificate. In this case, best way to attract the customer is price: in my case, i paid $3000 for an $8000 valued car.
Usually upon sale you fill out the bill of sale and also a separate agreement that you sell the car "as is" with both parties signatures.
You will send in to DMV the bottom portion of the pink slip to release the car. That step will erase the car off your name in DMV records.
The buyer must register the car under his/her name in 10 days i believe.
After this you don't have to worry anymore about the car you sold.
Technically it doesn't matter if you sell it "as is" as that only applies to warranties and such, not emissions compliance.

Technically it doesn't matter if you get the buyer to sign a paper saying they will handle the smog check.

It is the sellers responsibility to ensure that the car passes smog and provide proof of this, period. If the person wanted to be a jerk about it, whatever signed paper you have isn't going to matter in the eyes of the DMV as it's not one of their official forms. I think the only way you could get around this is if you registered the car as a non-operational vehicle and sell it as such, I believe the buyer would then be responsible for paying all of the registration fees and be responsible for the smog check - but this would be a pain and may turn off potential buyers. That being said, there are plenty of people who either don't know the law or don't care, and will happily handle the smog issue on their own. We sold our civic without a smog check (engine swap, supercharger etc), the buyer knew what he was getting into, and we never had an issue - but TECHNICALLY it's always the seller's responsibility.

A better question may be WHY can't you get the car smogged?
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Old 07-26-2010, 04:33 PM   #13
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ok, I realize there are plenty of buyers who do not know the law but if they buy it and try to pass smog or transfer the title to their name, they will not be able to and my car will technically still be floating around with my name attached to it so if something happens such as tickets, etc. I am the one who will get screwd and have to deal with it.

It will not pass smog because I have aps intake, aps turboback.
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Old 07-26-2010, 05:28 PM   #14
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ok, I realize there are plenty of buyers who do not know the law but if they buy it and try to pass smog or transfer the title to their name, they will not be able to and my car will technically still be floating around with my name attached to it so if something happens such as tickets, etc. I am the one who will get screwd and have to deal with it.

It will not pass smog because I have aps intake, aps turboback.
That's it? Just swap the stock parts on and be done with it. You're creating a big headache for yourself over two hours of work and about $100 in stock parts.
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Old 07-26-2010, 05:42 PM   #15
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Swamping the stock parts will not guarantee my anyways. Stock intake and stock turboback is more than $100.00 plus the labor. the Aps cold air intake is a pain in the ass. Either way, I am wanting to know a true answer to the question I originally asked.

Will I have to sell a car in another state that will not pass smog in CA if I want to avoid future problems?

Back to my original question...
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Old 07-26-2010, 05:57 PM   #16
rentforsale
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Sell APS or trade for stock plus cash .
Super easy uninstall and install .
Sell car .
Be done with it .

Your question has already been answered several times . See above post . YOU ARE RESPONSIBLE FOR SMOG AS A SELLER IN CALIFORNIA
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Old 07-26-2010, 06:13 PM   #17
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ya and have to get a retune. Not an option and not a super easy install. Maybe to you, I suppose. I will sell the car in another state or find a shop to pass smog with.
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Old 07-26-2010, 06:24 PM   #18
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ya and have to get a retune. Not an option and not a super easy install. Maybe to you, I suppose. I will sell the car in another state or find a shop to pass smog with.
This is ludicrous based off of the mods done to the car. I removed the APS cold air that was on my car in about 10 minutes. The turboback can be swapped in 30 minutes. I'm sure you could find someone with a stock car that would do the work FOR you in exchange for keeping the parts, you may even find someone that would give you cash on top of the deal. If you have an accessport, reflashing to stock is simple - if you're open source, you could easily find someone locally with a Tactrix cable to flash a stock map on your car.

Selling your car in another state is likely going to open up a huge can of worms and even if you find a shop to pass your car, you're going to end up paying extra to do it under the table. On top of that, a modded car is almost ALWAYS going to fetch less money than a stock car.
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Old 07-26-2010, 07:08 PM   #19
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I have ecutek. not able to easily retune... lies the problem. The car is registered in Texas anyhow so it should be easy to sell out of state.
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Old 07-27-2010, 01:33 AM   #20
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finding a shady shop will be your easy answer. look on the honda forums for local shops. it is technically your responsiblity to sell a car that is smogable.
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Old 07-27-2010, 03:49 AM   #21
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I have ecutek. not able to easily retune... lies the problem. The car is registered in Texas anyhow so it should be easy to sell out of state.
If the car is still registered in Texas, your problem just got worse. Whomever buys the car in CA will have to take it to DMV to get a VIN inspection before they can register it, on top of showing a valid smog certificate.
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Old 07-27-2010, 04:26 PM   #22
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Manny,

I am saying I will sell the car in TX, not in CA since it is registered there. I could also have a easy time selling it in other states as well, just not CA as the law is so harsh!

OR

find a shady shop to pass smog.
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