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Old 03-29-2011, 02:00 PM   #1
855T
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Default Selling a car that failed smog

I've got a '95 Volvo that I'm trying to get rid of. It failed smog and I don't really want to deal with fixing it and then selling it, but California requires me to fix it before selling it. Is the way around this to sell it as "parts only" by writing "parts only" on the title?

It's not like the car even runs right now anyway, so it's really for parts anyway.

Thanks.
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Old 03-29-2011, 02:03 PM   #2
thejordan
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dmv website is your friend.


you can write in the bill of sale that buyer is responsible for smog.

or you can sell it as non-op.
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Old 03-29-2011, 02:38 PM   #3
OUScooby
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In California the seller is still responsible for the costs of repairs to get it smog legals, not the buyer.
If you sell a car you know wont pass smog the buyer can sue you for the cost to get it fixed.
Check about registering it as a non-op vehcile and then selling it as non op. Check the dmv website, it may be one of the worst websites to try and navigate through, but the info will be in there somewhere.
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Old 03-29-2011, 03:20 PM   #4
2011WRXMT
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Quote:
Originally Posted by OUScooby View Post
In California the seller is still responsible for the costs of repairs to get it smog legals, not the buyer.
If you sell a car you know wont pass smog the buyer can sue you for the cost to get it fixed.
Check about registering it as a non-op vehcile and then selling it as non op. Check the dmv website, it may be one of the worst websites to try and navigate through, but the info will be in there somewhere.

So if you sell someone a car and tell them it doesnt pass smog and you sell it to them as is and they agree to it, and you have all this in writing notarized etc. Then how could the buyer sue you for cost of repairs to make it pass smog if they knew the car wasnt passing when they bought it to begin with?
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Old 03-30-2011, 12:02 AM   #5
beedee
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because its california, the state where burglars can sue the home-owner for breaking their ankle on their way out of the house they broke into due to a broken porch light.
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Old 03-30-2011, 12:38 AM   #6
disturbed3269
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^^^^this is why I am starting to hate California
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Old 03-30-2011, 12:44 AM   #7
wrxsubiemod
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Hahaha. I love those cases. Where the lady got 200g because she burnt herself drinking mcdanolds coffee.

But yes ca law states seller is responsible for smog
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Old 03-30-2011, 03:49 AM   #8
nolanator
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how much do you want for it. i miss my T5
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Old 03-30-2011, 04:02 AM   #9
855T
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how much do you want for it. i miss my T5
$1200. Current problem is no spark. No idea what's causing the issue.
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Old 03-30-2011, 04:36 PM   #10
anxiouz
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While it's the sellers legal obligation in CA to take car of the smog check for the sale...if you get the buyer to agree that you are not going to deal with the smog they can still buy it from you. If everything is in writing then you're ok.

The only issue is with the buyer registering the car. They simply cannot unless they have a valid smog cert.

Even if you find someone who says they'll address the smog check themselves, I can all but gaurantee they're going to come back to you once they either have to pay a lot to fix, or cannot get it to pass at all. So you need to be very clear that you're not going to smog the car and that they won't be able to register it until they fix it themselves.
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Old 03-30-2011, 07:18 PM   #11
tk_1971
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$1200 value? Donate it to the Salvation Army and take the tax write-off. This assumes that you can use the write-off.

It's the easiest way.
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Old 03-30-2011, 10:40 PM   #12
2011WRXMT
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Quote:
Originally Posted by beedee View Post
because its california, the state where burglars can sue the home-owner for breaking their ankle on their way out of the house they broke into due to a broken porch light.
Yep and cost of living was way to high when i lived there and still is, to dam many people. Its a good place to visit after having 6months of winter though.

Quote:
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^^^^this is why I am starting to hate California
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