The Seller Is Responsible For The Smog Check

Q: I am selling my car, who is responsible for the Smog Check?

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."
Section 4000.1 (d)(2) of the California Vehicle Code exempts from the change of ownership Smog Check requirement vehicles being sold or transferred between certain family members, such as parents, grandparents, children, grandchildren, siblings, or spouses.

Q: I just purchased a vehicle and the seller did not provide a Smog Check. The vehicle needs expensive repairs in order to pass. What should I do?

A: Go back to the seller, inform them about Vehicle Code section 24007 (b)(2), and try to work things out amicably. If that fails, you have the option to pay for the repairs and the Smog Check yourself, and then take the seller to Small Claims Court to recover your costs. Although the law clearly supports the buyer, collecting on a small claims judgment can be difficult, so the amicable solution is usually best. If the seller is a state-licensed auto dealer, buyers have the additional option of filing a complaint with the DMV, which regulates new- and used-car dealers.

Q: I recently smogged my vehicle; now I'm selling it. Do I need to smog it again?

A: According to Section 4000.1 (d)(1) of the California Vehicle Code, a car which has had a Smog Check and received a certificate of compliance does not need to be smogged again if the initial application for transfer is submitted within the 90-day validity period of the recently issued smog certificate.

Source: Bureau of Automotive Repair

- Bob Rawson

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