Bought a used car that won't pass smog test (in ca) (transplants, shops)

[evergraystate]

Originally Posted by ferretkona

No. The goal is to get the old smokers off the road.
I doubt that any vehicle newer than 1975 will ever be allowed to be smog free. Remember that smog laws and devices were implemented in 1975.
There are a few exceptions such as 3/4 and one ton trucks did not have smog devices till 1980 or so.

And all diesels up to 1998 and all hybrids ever made because the state doesn't know how to check these vehicles. Theres a loophole to everything.

Originally Posted by Charles

Ever notice a lot of smokey cars in California and you wonder how they passed smog tests?

'Widespread fraud' in California's smog test program - latimes.com

I used to report smoking vehicles here:

Form: Complaint Form for Smoking Vehicles

The whole smog check program is a complete farce. Its done very little to improve air quality in California, created a self serving bureaucracy , is a subsidy to the auto repair industry and increased the cost of car ownership on the residents of California. It never met its original pullution reduction targets and has outlived its usefulness by a couple of decades.
http://www.bath.ac.uk/e-journals/jte...No_1_85-92.pdf

[1AngryTaxPayer]

Originally Posted by evergraystate

And all diesels up to 1998 and all hybrids ever made since the state has no way to smog check these. Theres a loophole to everything.

THey are still taking samples on my 2001 one ton Diesel.

[ferretkona]

Originally Posted by evergraystate

The whole smog check program is a complete farce. Its done very little to improve air quality in California,,,

It is obvious you were not in California trying to breathe the air in the 70's.
The air appeared to be clear but your eyes burned like they were dipped in acid.

Our air quality is leaps and bounds above what we had decades ago.
If we could just keep crappy cars off the roads and the out of state vehicles out we would be a lot better.

[Fontucky]

Originally Posted by ferretkona

It is obvious you were not in California trying to breathe the air in the 70's.
The air appeared to be clear but your eyes burned like they were dipped in acid.

Then there were the days when you couldn't see 100 yards and breathing was painful.

[evergraystate]

Originally Posted by ferretkona

It is obvious you were not in California trying to breathe the air in the 70's.
The air appeared to be clear but your eyes burned like they were dipped in acid.

Our air quality is leaps and bounds above what we had decades ago.
If we could just keep crappy cars off the roads and the out of state vehicles out we would be a lot better.

MOD CUT read the article, you might learn something. The change in air quality over the last 30 years has nothing to do with the CARB mandated smog check program. Consumers replaced old cars with newer cleaner cars in the 80s and 90s which had catalytic converters and fuel injection instead of carburetors. These technologies were mandated by the federal government not California. Only a tiny proportion of the old vehicles taken off the road in California every year are due to a failed smog. Most of the older cars that pass the bi annual smog check actually FAILED a random road side smog inspection done by the state.
http://www.bar.ca.gov/80_BARResource...ith_report.pdf
This means that most smog checks done by licensed shops are fraudulent. Other countries look at California's program to learn how NOT to run an emissions testing scheme. Anybody that works in the industry knows its a complete joke at consumer's expense. On the other hand, California is populated by geniuses like you that can't be bothered to read a simple article so I'm sure the program will keep on failing for years to come.

[thebunny]

Originally Posted by Fontucky

Chalk it up to life's lesson learned and take comfort in the fact that you'll never let anyone intercourse you in that manner again.

What did you pay for the car?

Actually, in California, a car can not be sold without a smog and any "as is" clause, or even one that specifically says the buyer takes responsibility for the smog is illegal. CA law does not allow the buyer or the seller to assign the duty of the smog from the seller.

So, in answer to what you can do, you can file in small claims court against the seller. I would send a certified demand letter, with a breakdown of the costs incurred to get it to smog, and let them know if they do not pay for these costs you will proceed. You can also sue for the return of the money you paid as the car is not able to be titled in your name without the smog and as such it was not a legal sale.

MANY sellers think that waiving the smog requirement in the bill of sale protects them. It doesn't...but it does let the court know that they were aware of the requirement...which is in your favor.

[steel7]

My old car barely passed smog last nov & it wont in 2013. My car doesnt omit smoke out of the tailpipe & it has about 122k miles. You can check the vehicle smog test history. I just checked mine from 1997-2011. http://www.bar.ca.gov/pubwebquery/Ve...PubTstQry.aspx

[Fontucky]

Originally Posted by evergraystate

MOD CUT read the article, you might learn something.

20-plus year old references in a 1995 study? Do you have anything current?

[1AngryTaxPayer]

Originally Posted by thebunny

Actually, in California, a car can not be sold without a smog and any "as is" clause, or even one that specifically says the buyer takes responsibility for the smog is illegal. CA law does not allow the buyer or the seller to assign the duty of the smog from the seller.

So, in answer to what you can do, you can file in small claims court against the seller. I would send a certified demand letter, with a breakdown of the costs incurred to get it to smog, and let them know if they do not pay for these costs you will proceed. You can also sue for the return of the money you paid as the car is not able to be titled in your name without the smog and as such it was not a legal sale.

MANY sellers think that waiving the smog requirement in the bill of sale protects them. It doesn't...but it does let the court know that they were aware of the requirement...which is in your favor.

Excellent advice.

[ferretkona]

Originally Posted by evergraystate

California is populated by MOD CUT that can't be bothered to read a simple article so I'm sure the program will keep on failing for years to come.

Or MOD CUT who believe everything they read.