Bought a used car that won't pass smog test (in ca) (2013, inspection)

[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

[ebuengonfire]

I recently bought a car without a smog check, and didnt transfer title to my name yet. I sold it to a guy with the bill of sale stating: "I, (my name, is selling one (type of car, + vin number) to (buyer name) AS IS, no warranties or promises. Buyer understands vehicle has no title and has no smog certification. By signing this agreement, buyer takes full responsibility of the vehicle as is. this vehicle is being sold for ( price) . Signature of both parties.... he is now threating to sue me for the costs of the expenses to get the car smog....am i protected with my bill of sale?

[ladoll]

Originally Posted by ebuengonfire

I recently bought a car without a smog check, and didnt transfer title to my name yet. I sold it to a guy with the bill of sale stating: "I, (my name, is selling one (type of car, + vin number) to (buyer name) AS IS, no warranties or promises. Buyer understands vehicle has no title and has no smog certification. By signing this agreement, buyer takes full responsibility of the vehicle as is. this vehicle is being sold for ( price) . Signature of both parties.... he is now threating to sue me for the costs of the expenses to get the car smog....am i protected with my bill of sale?

No, you will not be protected by your bill of sale. When you sell a vehicle in the state of California, you, as the seller, must provide a smog check certification at the time of sale. This was already covered in this thread many times.

Here is information from the DMV:

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).

Smog Information

[babydane4177]

I purchased a van and paid for the transfer, registration and tags but was not able to get it to pass smog. Will DMV refund my money?

[ferretkona]

Originally Posted by babydane4177

I purchased a van and paid for the transfer, registration and tags but was not able to get it to pass smog. Will DMV refund my money?

No the DMV will not,
However state law says the seller has to have the car smog ready. Most counties the seller has to get the smog slip for you. The seller will have to refund any money to make it smog legal.

[fheco]

has the smog law for pre 1075 autos brought up
April 10,2012 get changed to pre 1982?

[Vincent632]

I bought a 91 Acura Integra on 5-13-12. This is my first time buying a used car. I didn't know the seller had to provide a smog certificate.My wife and I both thought we had to smog the vehicle.I went to the CA DMV to pay the transfer and registration fee's. I was told it needed a smog test. So I went to get the vehicle smogged. It failed. I was told that the HC (PPM) 15mph is MEAS 163 max 87 and the 25mph MEAS 141max 96.The CO (%) 15mph max .76 MEAS 4.74 25mph max .65 MEAS 2.47. So this failed smog test is going to cost me 500-600 for repairs. I was informed by the smog station that the seller is supposed pay for the repairs. I tried to connect the seller and he is blowing me off. Saying it was sold as is. it's your problem now. I need help on advice. What can I do? I live in California. Thanks.

[Fontucky]

Originally Posted by Vincent632

I need help on advice. What can I do?

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?

[ferretkona]

Originally Posted by fheco

has the smog law for pre 1975 autos brought up
April 10,2012 get changed to pre 1982?

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.

[futbol]

If you drive your vehicle around right before the smog test you are more likely to pass. Take it on the freeway and get that engine going. Don't let it sit idle before they smog it.