Selling a car and Smog

[Dozyproductions]

http://sandiego.craigslist.org/csd/pts/2217404438.html

FOR SALE A 1989 BMW E30, FIRM $2400. CAR WAS A PROJECT TO MUCH TO LIST, DRIVES AND HANDLES LIKE NEW.
MOVING MUST SELL. WILL NOT PASS SMOG. DO TO MODIFICATIONS. BUT ITS A GREAT CAR. U SMOG AND SAVE.
CALL FOR DETAILS

So every time I look at CL ads they always say you must smog the car. Isn't it law for the seller must have smog'd the car within the last two or one month of trying to sell it or something like that? (at least in cali?) How would you guys approach an ad like this?

[Dj Buttchug]

it is considered the sellers responsibility to smog the vehicle before sale. However, you can buy it without it being smogged. Its a good way to get the seller to drop the price too.
My car didnt smog when i bought it. Its no big deal. You just have to be prepared to either make it pass or take drastic measures to get around it, like register out of state or do a swap...

[Javier h]

Small Claims

The law is very explicit and as a result very dangerous to the seller.

If the car fails smog, you can conceivably take it to the dealer for repairs (cat, muffler, tune-up) and the seller will be held liable for the repairs that could be tantamount to $2,000 easily. For small claims you can sure up to $5,000.00 here in Cali.

I was instructed by DMV once to take the seller to small claims for the smog repairs. They told me the judge will automatically rule in my favor. Prima-facia case, no arguements. Done.

Anyone selling a car (especially an older car) who is employed is just plain crazy. I see people here do it all the time. Dont even think about selling to an attorney. A writ of execution will draw the money from the bank accounts etc. Most people wont do it because of the hassles of dealing with paperwork but make no mistakes, you will win.

[Dozyproductions]

thats good to know. LoL, ouch.

[pureaudio]

I think they have to state it is being sold for parts on the bill of sale in order to not be liable for smog.