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Unread 10-12-2009, 02:58 PM
 
1 posts, read 42,019 times
Reputation: 36
Default Bought a used car that won't pass smog test (in ca)

Three weeks ago I bought a used 1997 Chrysler Sebring. I went to go register it and they told me it required a smog test. I took it to a test only smog station and it failed. When I bought the car she sold it to me "as is".
I can't register the car until it passes the smog test. Are there any legal responsibilities of the seller to make sure the car passes a smog test before selling it? (in California)

 
Unread 10-12-2009, 03:23 PM
 
12,492 posts, read 21,602,423 times
Reputation: 6859
California Law requires the seller to furnish a current Smog Certificate at the time of Sale... this is the Law to avoid precisely the situation you now find yourself.

There are exceptions when you sell your car to a Licensed Dealer, Auto Dismantler, Out of State, certain family transactions... etc.

I run into this all the time with friends and co-workers...

First... what is the cost to bring the car into compliance?

Second... do you still want the car with the added cost?

Third... you could have the car fixed and then go after the seller for the costs citing CA law in Court...

I assume the car you bought was current on Registration and was not listed as Non-Op?

I've sold Non-Op cars for parts before and the Bill of Sale clearly state I was selling a non-operating vehicle, not currently registered for parts value only... (The Car didn't have an engine)

Here is what the DMV says:

http://www.smogcheck.ca.gov/80_BARRe...ns_Part_1.html

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

Answer: 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 court to recover your costs. Although the law clearly supports the buyer, collecting on a court judgment can be difficult. 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.

Last edited by Ultrarunner; 10-12-2009 at 03:32 PM..
 
Unread 10-12-2009, 03:24 PM
 
3,441 posts, read 4,517,562 times
Reputation: 2291
Quote:
Originally Posted by Smmuse View Post
Three weeks ago I bought a used 1997 Chrysler Sebring. I went to go register it and they told me it required a smog test. I took it to a test only smog station and it failed. When I bought the car she sold it to me "as is".
I can't register the car until it passes the smog test. Are there any legal responsibilities of the seller to make sure the car passes a smog test before selling it? (in California)
Nope, you bought the car "as is" so you're stuck.

Alright, what you first need to do is get a temp sticker to be able to drive the car on the road. You get this from the DMV. It's a red piece of paper with the month number on it. Did you get this? The DMV can give you 2 or more months to get the car fixed WHILE you are able to drive the car on the road. If you have AAA go into there local office and use the DMV there because they are less crowded and they are more lenient.

Second there should be a print out from the smog station of what gas that is OVER the limit. Take that piece of paper to a mechanic shop or smog station and ask them what usually causes gas readings so high. It could be you need a new fuel filter (10bucks) it could be that you need new injectors (1000+) you just don't know until you get the car checked out.


Good Luck
 
Unread 10-12-2009, 06:07 PM
 
Location: Hot Springs, AR
5,612 posts, read 8,730,366 times
Reputation: 3585
Actually in the State of California it is illegal to sell a car over five years old without a valid smog certificate. Your sale is null and void. You can locate the exact law on the DMV website.
 
Unread 10-12-2009, 07:36 PM
 
12,492 posts, read 21,602,423 times
Reputation: 6859
Quote:
Originally Posted by CESpeed View Post
Actually in the State of California it is illegal to sell a car over five years old without a valid smog certificate. Your sale is null and void. You can locate the exact law on the DMV website.
You need a smog certificate to sell any used car newer than 1975 unless you sell it to a Dealer, Wrecker, etc... or it's exempt.

Note... Diesel Automobiles and vehicles with engines less than 800 cc, electrics and hydrogen fuel cell are also exempt...

Don't know of any way around it on the Sebring unless you bought it from your parent or grandparents...
 
Unread 11-29-2009, 02:09 PM
 
Location: Las Flores, Orange County, CA
26,365 posts, read 48,824,101 times
Reputation: 16026
Quote:
Originally Posted by Morphous01 View Post

Second there should be a print out from the smog station of what gas that is OVER the limit. Take that piece of paper to a mechanic shop or smog station and ask them what usually causes gas readings so high.
Also, just google some of the key information about that fail data. Somewhere, there is a forum on which a poster asked the same question.
 
Unread 11-30-2009, 03:17 AM
 
237 posts, read 276,609 times
Reputation: 213
No, "as is" does not trump CA Vehicle Code relating to Smog unless it is old enough to be exempt from Smog . You do have routes for restitution. However, in the short-run you need to get the car into compliance, then go after the seller to recover your costs.

In many cases "as is" does not trump the law, and just because you sign a contract doesn't make it legal. All things must conform to the law.
 
Unread 02-09-2010, 09:27 PM
 
1 posts, read 40,421 times
Reputation: 12
I'm thinking about buying a 1978 ford f250 explorer one ton super cab fresh 400c.u. with auto and gearvendor overdrive unit tomarrow in the Lakewood area of wa, It has two months on the tabs.
I am concerned that it wont pass the smog test when it is time to renew the tabs.
The seller told me just to say its stored on the street to receive tabs once I go to renew.
I would rather not do that. So what do I need to know before I buy this. Will it be very expensive to
get it up to pass the test? Or any other info will help me. Also does he need to provide it in passing order before he sells it to me? I am buying it tomarrow morning. I have some cash left over to have it worked on about $500 I can do simple things myself like change fuel filers spark plugs change oil.
 
Unread 02-10-2010, 07:31 PM
 
Location: Glendale/Los Angeles
548 posts, read 1,034,194 times
Reputation: 220
Quote:
Originally Posted by CESpeed View Post
Actually in the State of California it is illegal to sell a car over five years old without a valid smog certificate. Your sale is null and void. You can locate the exact law on the DMV website.

What does this mean exactly..? So I don't actually own the car..? The same thing is actually happening to me right now..
 
Unread 02-10-2010, 11:00 PM
 
Location: Los Angeles
2,092 posts, read 1,921,809 times
Reputation: 2522
All vehicles, and this means that F150, and the chrysler,
Must pass a smog test before being sold, and that is the seller's responsibility.
If they don't do it, walk away, don't buy.
Bob.
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