Selling a Car in CA w/o Smog

[dhcomp]

So,

In California, the law requires that the seller provide a smog cert when selling a car.

My dad just replaced his BMW, and we can't get the check engine light to go off without major repairs. With the CEL on, you can't pass smog.

The car is really in great shape, and would sell for top dollar running right. Debating whether to fix and sell, or sell as-is.

Without smog, can I complete a normal sale, or does it have to be sold for parts?

Obviously, i am going to disclose what i know of the issue.

My thoughts on the matter are that if i sell w/o smog, it almost guarantees that the buyer won't transfer title quickly. But, does it even matter, as long as i submit the appropriate Release of Liability immediately after sale?

What do you guys think?

 

[TheBeast_88K5]

It is THE LAW that the seller smog the vehicle.
If you sell it, and it fails smog, they can come back on you in court.

 

[Avery4jc]

It is THE LAW that the seller smog the vehicle.
If you sell it, and it fails smog they can come back on you, in court.

This.


Yes you can sell a vehicle and turn in a release of liability which is a fantastic idea. I sold a truck a few years back and almost a year later got something in the mail only to realize the seller never put it in his name.

That being said unless you part it out you're on the hook for smog. Many people don't know this and won't deal with the hassle of going after you but legally they can.

 

[rampage]

You could register it as non-operational. Let the person know that it doesn't pass smog and that's why you did that and let them take it for a test drive. When you fill out the bill of sale state that it's non-op and that they are responsible for all testing and repairs.

 

[dhcomp]

It is THE LAW that the seller smog the vehicle.
If you sell it, and it fails smog, they can come back on you in court.

Thats what I thought.

It was at least worth the question!

Thanks guys.

 

[Blazer addict]

I sold my 79' corvette,( when I lived in Bakersfield ),it wouldn't pass smog so I pulled a part off so it wouldn't start then sold it as not running. The state referee told me if it don't run they can't smog it.

 

[dhcomp]

What is the process for selling Non-op?

 

[Gunnar1971]

I buy and sell vehicles all the time, mostly without getting the smog done. Your average $2,000 car buyer understands they aren't getting a new car, jump it to a $6,000 car and I always smog them as your buyer is a better quality.

The liability issue has been brought up and with the vehicle being in your fathers name, I would suggest on the Bill of Sale, note that the car has a problem that the buyer is aware of and won't pass smog and that is why the price is "discounted".

I have only had 1 buyer come back on me after having the car for 5 weeks wanting his money back. After explaining that in California all used cars are sold as-is, per law, unless otherwise stated, I pulled my trump card, that he was over the 10 day period to register in his name AND that I would gladly refund the $700 that HE had written on the title as a purchase price (so his registration would be lower), once a judge asked me to. (My bill of sale with both our signatures showed the actual $1,850 sale price.)