Californians! Questions on smog checks...

[Timp]

Right, so I found an e30 in great condition in Orange County. I'm in Utah, and will be flying down to pick up the car and drive it back home. The seller is telling me that in order to legally sell the car, he has to get the car smogged.

Now my question is this: if the car is going to be registered outside of California anyway, why would he need a valid smog check in order to sell the car? Obviously the emissions testing procedures outside of California differ so I don't see what good that slip will do me over here.

Is this *really* legally required to sell to someone outside of the state? If not, what would be the process so we don't run into any hurdles when transferring the title? I've checked the DMV website, but it doesn't address this specific issue.

Thanks guys!

[E30_fiend]

I think the guy is mistaken. If you sell a car IN California, the buyer has to smog the car in order to get the vehicle registered in his/her name. The only way around that is if the previous owner smogs the car and then sells it within 90 days of the smog. That smog will then transfer over to the new owner.

He is just mixed up is my guess. Theres no reason you should have to smog a California car if you are going to register it in Utah.

I could totally be wrong though


Taylor

[accident]

TECHNICALLY the seller is responsible for smog. It's in the vehicle code. Most people don't do it any nobody really cares, but it's there.

[blocke]

In the case that you are from out of state, and the car will not be registered in Cali directly after the sale, then he does not need to smog it. He can simply sign over the pink slip, a bill of sale, and for good measure a release of liability. You can type up a contract stating that you understand he is not smogging the car, and you release him of the liability to do so..etc. I dont understand why is he wanting to smog the car and pay the $60 bucks, when you are giving him an out. Prob just a "by the book" guy, and hasn't sold many cars before.

[erik325i]

TECHNICALLY the seller is responsible for smog. It's in the vehicle code. Most people don't do it any nobody really cares, but it's there.

^^ This

Technically he is supposed to, but it doesn't matter. If he is insisting he do it, just let him. It's not going to hurt anything for you, right? It's his time and money

[e30trooper]

TECHNICALLY the seller is responsible for smog. It's in the vehicle code. Most people don't do it any nobody really cares, but it's there.

RIGHT! , but .... if you sell car AS IS , you dont need to smog shit.The law is, if you buy from a dealer, they MUST smog it/pass it b4 selling. Cant complain about anyone not smoging a car when its sold as is. Thats the lemon law.

[MR 325]

RIGHT! , but .... if you sell car AS IS , you dont need to smog shit.The law is, if you buy from a dealer, the MUST smog it/pass it b4 selling. How do i know? Ive sold cars , never smogged them. Bought cars and have had to smog them since the PO never did. Cant do shit cuz that falls under lemon law

You have no clue what you're saying. This bit of misinformation was hardly worth bumping this thread.

[accident]

RIGHT! , but .... if you sell car AS IS , you dont need to smog shit.The law is, if you buy from a dealer, they MUST smog it/pass it b4 selling. Cant complain about anyone not smoging a car when its sold as is. Thats the lemon law.

wat

[e30trooper]

You have no clue what you're saying. This bit of misinformation was hardly worth bumping this thread.

There, i edited just for you since you cant seem to read. BTW, how is this misinformation?

Theres no law stating you have to smog a car ( privet party ) befor you sell it.
Car dealership do HAVE to smog and have up to date reg. befor selling.

I need you to tell me where im wrong.

[ncouraud]

Theres no law stating you have to smog a car ( privet party ) befor you sell it.
Car dealership do HAVE to smog and have up to date reg. befor selling.

I need you to tell me where im wrong.

http://dmv.ca.gov/vr/smogfaq.htm see "When a car is sold, who is responsible for the inspection?"

I think you might be misinformed. Everything I've heard says you need to provide a smog, or if the car fails, the buyer can get his cash back and give you the car. I think you can register it as PNO, and sell it that way, but selling it as a valid registered vehicle, you would most likely run into problems.

Now, trying to enforce that.... kinda tough.

[e30trooper]

http://dmv.ca.gov/vr/smogfaq.htm see "When a car is sold, who is responsible for the inspection?"

I think you might be misinformed. Everything I've heard says you need to provide a smog, or if the car fails, the buyer can get his cash back and give you the car. I think you can register it as PNO, and sell it that way, but selling it as a valid registered vehicle, you would most likely run into problems.

Now, trying to enforce that.... kinda tough.

When a car is sold, who is responsible for the inspection?

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).

NOTE: Smog certifications are not required for transfers that occur for a gasoline powered motor vehicle that is four or less model years old. (Determine the oldest-qualifying year model by subtracting three from the current year) the four or less model years old rule does not apply to diesel powered vehicles. A smog transfer fee will be collected from the new owner.

[reelizmpro]

The seller doesn't HAVE to smog it in your case because the car is going out of state. Seller's responsible but it's typically agreed that the buyer smogs it. Now if it doesn't pass, I'd imagine the buyer is protected under the law and the seller must provide a smog cert. It's typically worked out on someone's end and doesn't become too big of a deal. Just tell him he's worrying for nothing but if he insists on wasting money, go ahead. Mind as well give you the money so you can smog/register it in Utah.

[Vefu]

NOTE: Smog certifications are not required for transfers that occur for a gasoline powered motor vehicle that is four or less model years old. (Determine the oldest-qualifying year model by subtracting three from the current year) the four or less model years old rule does not apply to diesel powered vehicles. A smog transfer fee will be collected from the new owner.

I didn't know they sold E30's that are less than 4 years old.

[e30trooper]

I didn't know they sold E30's that are less than 4 years old.

i plead the 5th , But you get what im saing. Barrys on the same boat.

If i write on the bill of sale " is _____ am selling this car : ______ AS IS for the amount ______
signed seller and buyer , dated. That buyer cant say or do shit after the money is handed over.

For the PO, if the seller wants to smog it, let him. Depending on laws where you live you might have to smog it as well there.

[Vefu]

i plead the 5th , But you get what im saing. Barrys on the same boat.

If i write on the bill of sale " is _____ am selling this car : ______ AS IS for the amount ______
signed seller and buyer , dated. That buyer cant say or do shit after the money is handed over.

For the PO, if the seller wants to smog it, let him. Depending on laws where you live you might have to smog it as well there.

"AS IS" means absolutely nothing, just because you state that still means the car still must get a smog inspection. Just because you state that you're selling the car as is doesn't mean you can get break the law that the DMV states.