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So I'm leaving the country in a few days and spur of the moment decided to sell the car.
Paid for registration, but I have been really lazy in fixing it to get the sticker. Got check engine light fixed prior to taking it smog station, and after it failed I kind of threw in the towel although he said I would only need to do a tuneup.
Anyways, put the car on discount for sale and had a lot of interested buyers. I was wondering what the law is in regards to selling a car that has not passed smog in the state of CA. Can I sell it as is, and have the buyer responsible for taking care of it or do I have to file the car as non-op then sell it?
Sell it as a non running parts ONLY vehicle. Disable the vehicle by pulling fuses or however you want to disable it. Make out a bill of sale stating so and then KEEP copies. Send or walk in with the release of liBility and the bill of sale.
Make sure you keep copies for your records
Sell it as a non running parts ONLY vehicle. Disable the vehicle by pulling fuses or however you want to disable it. Make out a bill of sale stating so and then KEEP copies. Send or walk in with the release of liBility and the bill of sale.
Make sure you keep copies for your records
Every used car I sell or have sold has always had a Bill of Sale that states:
Vehicle is sold for parts only.
Some do ask about this while others don't ask. I tell the truth. If the vehicle does not pass state inspection I am not responsible. Buyer beware.
My state does have a lemon law and mostly weak - it is there. I don't want anyone coming back asking for repair money or money back.
I always state to potential buyers to pay to have vehicle checked out or bring a mechanic.
Bottom line. Parts only. Never had a problem selling my used vehicles. Most were pretty old by the time I sell them. All ran and drove properly but some had issues.
Obviously, different states have different rules as to wording of Bill of Sale.
Every used car I sell or have sold has always had a Bill of Sale that states:
Vehicle is sold for parts only.
Some do ask about this while others don't ask. I tell the truth. If the vehicle does not pass state inspection I am not responsible. Buyer beware.
My state does have a lemon law and mostly weak - it is there. I don't want anyone coming back asking for repair money or money back.
I always state to potential buyers to pay to have vehicle checked out or bring a mechanic.
Bottom line. Parts only. Never had a problem selling my used vehicles. Most were pretty old by the time I sell them. All ran and drove properly but some had issues.
Obviously, different states have different rules as to wording of Bill of Sale.
I tend to ask higher prices for my cars but I rarely have smog issues. I usually dump cars at 200,000. They still run good. Have some value as I maintain and keep them in good running and visual shape and they pass smog.
If I know there is something wrong I disclose it. And the price reflects the "wrong"
So I'm leaving the country in a few days and spur of the moment decided to sell the car.
Paid for registration, but I have been really lazy in fixing it to get the sticker. Got check engine light fixed prior to taking it smog station, and after it failed I kind of threw in the towel although he said I would only need to do a tuneup.
Anyways, put the car on discount for sale and had a lot of interested buyers. I was wondering what the law is in regards to selling a car that has not passed smog in the state of CA. Can I sell it as is, and have the buyer responsible for taking care of it or do I have to file the car as non-op then sell it?
Is the car PNO? If it is I had no problem selling my car as a parts car, non operational. In the ad, I stated that it would need to be towed. The guys who bought it came with a trailer, they jump started it and drove it onto the trailer. According to smog records, it took the guy about four months of working on it, and several smog attempts, but he got it smogged and registered with no problem. I took about a $600 or $700 loss on it though, selling it that way. It would have probably been worth my money to get it smogged myself. But like you I was leaving California, and didn't want to bother.
the rule is the seller is responsible for smog but sadly there is no system in place to enforce this or for dmv, etc. to help you once somebody gets burned. i dealt with this 2 years ago.
so the transaction will go through but somebody is going to have to smog it to get it road legal. you can also sell it and they register it non op and the car will be tagged that it needs smog before it can back on the road.
the seller is responsible for smog but you are on your own trying to sue somebody and see them in court and then actually collect.
the rule is the seller is responsible for smog but sadly there is no system in place to enforce this or for dmv, etc. to help you once somebody gets burned. i dealt with this 2 years ago.
so the transaction will go through but somebody is going to have to smog it to get it road legal. you can also sell it and they register it non op and the car will be tagged that it needs smog before it can back on the road.
the seller is responsible for smog but you are on your own trying to sue somebody and see them in court and then actually collect.
That's why educating yourself on the responsibilities of getting a vehicle registered
Here is how I do it
Place ad
Find buyer
Get all my records
Smog vehicle
Meet buyer at AAA
Exchange cash for ownership papers
Sign papers and vehicle gets reregistered in the owners name
I don't bs people, but I also don't trust them to registervthe car in a timely manner. If the car was a pile I would simply sell it as parts. And I would make it inoperable. I only did that once. The cars I sell while they may be high mileage they are all mechanically sound. If something is wrong I disclose it.
The last car I bought we had the price agreed I had the cash the guy had his paperwork and I asked about the smog. And the seller tried to tell me the smog is my responsibility. We were at AAA, I said call me when you are ready. And I started walking away.
Guess what. The guy asked me to wait, walked in found I was right. He went and got the car smogged I bought it.
If he wouldn't of smogged it I would simply get back in my car and go home. I'm not gonna buy a car on someone's word it works.
There are TOO MANY good vehicles that pass smog, are not salvaged and are for sale. I was burned in the past by the "it's only a $50 sensor or it only needs x to be ok. I simply don't care. If there is something I dint like about the car, I have it checked before purchase.
I not going o waste my time and money to buy some hunk of ****. Too many good cars out there.
Not being in CA I've always sold "as-is" on private sale. But most were trade-ins.
i wonder what Carmax would do in CA on a sale like this.
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