Californians! Questions on smog checks...

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  • e30trooper
    R3V OG
    • Mar 2009
    • 11576

    #16
    Originally posted by Vefu
    "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.
    if i state that i sold the car AS IS , its the new owners responsibility to show smog.

    Upon initial registration, nonresident, diesel powered vehicles manufactured in 1998 or after with a (GVWR) rating of no more than 14,000 lbs, and specially constructed vehicles 1976 and newer require smog certification

    every time I've sold a car I never smogged it. Every time I've bought a car, ive had to smog it myself. I don't see anything wrong there.

    anyway it dosnt matter. You cant register a car with out smog certification.

    Comment

    • reelizmpro
      R3V OG
      • Dec 2003
      • 9446

      #17
      Yeah I'm not sure if that contract is binding because it goes against the law but most private parties will just honor it. Like I said, I've never seen it escalate into litigation. What if a guy turns it into a track only car or parts it out? What if the engine is blown? or it's a shell? surely, there's no need to smog these cars.
      "I'd probably take the E30 M3 in this case just because I love that little car, and how tanky that inline 6 is." - thecj

      85 323i M TECH 1 S52 - ALPINEWEISS/SCHWARZE
      88 M3 - LACHSSILBER/SCHWARZE
      89 M3 - ALPINEWEISS II/M TECH CLOTH-ALCANTARA
      91 M TECHNIC CABRIO TURBO - MACAOBLAU/M TECH CLOTH-LEATHER

      Comment

      • Vefu
        Member
        • May 2011
        • 57

        #18
        Originally posted by e30trooper
        if i state that i sold the car AS IS , its the new owners responsibility to show smog.

        Upon initial registration, nonresident, diesel powered vehicles manufactured in 1998 or after with a (GVWR) rating of no more than 14,000 lbs, and specially constructed vehicles 1976 and newer require smog certification

        every time I've sold a car I never smogged it. Every time I've bought a car, ive had to smog it myself. I don't see anything wrong there.

        anyway it dosnt matter. You cant register a car with out smog certification.
        So if you bought a car that the previous owner didn't smog, then afterwards you went to get the car smogged and it didn't pass and required you to put extra money into fixing the car then you wouldn't consider that the PO's fault?

        Because I went through that with my E30, the car didn't pass and needed a new cat in order to pass.

        Comment

        • e30trooper
          R3V OG
          • Mar 2009
          • 11576

          #19
          Originally posted by Vefu
          So if you bought a car that the previous owner didn't smog, then afterwards you went to get the car smogged and it didn't pass and required you to put extra money into fixing the car then you wouldn't consider that the PO's fault?

          Because I went through that with my E30, the car didn't pass and needed a new cat in order to pass.
          well yeah id fix it. its not like im spending alot of money on the car. i could under stand if it was a new car. but we are talking about 20+ year old bmws.
          Like berry said, lets says you wanna buy this car but the engine is blown. Are you going to cry about the owner not smogging it when you know you bought the car as is?

          Comment

          • Vefu
            Member
            • May 2011
            • 57

            #20
            Originally posted by e30trooper
            Like berry said, lets says you wanna buy this car but the engine is blown. Are you going to cry about the owner not smogging it when you know you bought the car as is?
            No, because I wouldn't buy a car with a blown engine :)

            Comment

            • MR 325
              Moderator
              • Oct 2003
              • 37825

              #21
              Originally posted by e30trooper
              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.
              Thanks for proving me right.
              BimmerHeads
              Classic BMW Specialists
              Santa Clarita, CA

              www.BimmerHeads.com

              Comment

              • e30trooper
                R3V OG
                • Mar 2009
                • 11576

                #22
                Originally posted by MR 325
                Thanks for proving me right.
                so like i stated above, Every car you have sold , you smogged. And every car you have bought has been smogged b4 it was in you hands?

                Comment

                • MR 325
                  Moderator
                  • Oct 2003
                  • 37825

                  #23
                  Originally posted by e30trooper
                  so like i stated above, Every car you have sold , you smogged. And every car you have bought has been smogged b4 it was in you hands?
                  Now I did not say that. (Although I have smogged most of the cars I have sold). You were stating that the LAW says it does not need to be done and that was incorrect.
                  BimmerHeads
                  Classic BMW Specialists
                  Santa Clarita, CA

                  www.BimmerHeads.com

                  Comment

                  • tonywonder
                    E30 Mastermind
                    • Sep 2009
                    • 1688

                    #24
                    isnt it possible to register the car as PNO and then sell the car that way?

                    Comment

                    • e30trooper
                      R3V OG
                      • Mar 2009
                      • 11576

                      #25
                      Originally posted by MR 325
                      Now I did not say that. (Although I have smogged most of the cars I have sold). You were stating that the LAW says it does not need to be done and that was incorrect.
                      Ok, i might have stated it wasnt the law, but its not anyone going to do anything about.

                      Comment

                      • accident
                        R3V OG
                        • Sep 2008
                        • 7303

                        #26
                        lol internet lawyers

                        Originally posted by ROLLingKING
                        i have a bronzit and plan on making it look sweet.
                        Originally posted by slammin.e28
                        Moral of this story?

                        If you drive your e30 on stairs, you're gonna have a bad time.

                        Comment

                        • MR 325
                          Moderator
                          • Oct 2003
                          • 37825

                          #27
                          Originally posted by tonywonder
                          isnt it possible to register the car as PNO and then sell the car that way?
                          I think they made PNO a little more tricky. I haven't actually done it but I think a smog may still be in order to qualify. It's a weird system.
                          BimmerHeads
                          Classic BMW Specialists
                          Santa Clarita, CA

                          www.BimmerHeads.com

                          Comment

                          • accident
                            R3V OG
                            • Sep 2008
                            • 7303

                            #28
                            as far as i know, and i haven't read up on it in a while so don't quote me on this, the only thing required to PNO a car is to pay the fee

                            Originally posted by ROLLingKING
                            i have a bronzit and plan on making it look sweet.
                            Originally posted by slammin.e28
                            Moral of this story?

                            If you drive your e30 on stairs, you're gonna have a bad time.

                            Comment

                            • Tonys18t
                              E30 Modder
                              • Sep 2009
                              • 943

                              #29
                              son of a ...

                              my e30 failed smog today on the cat, took 20 mintes to get the little sucker on the rollers and it fails, dammit.

                              BTW, anyone who has a smog due about now, your renewal is being sent out late due to the CA budget mess, you'll be overdue by the time the bill arrives in the mail.
                              PBMW Magazine. PVW Mag

                              Fender Rolling for dirt cheap in SoCal. Hit me up.

                              Check out my work...

                              http://www.r3vlimited.com/board/showthread.php?t=165114

                              Comment

                              • MR 325
                                Moderator
                                • Oct 2003
                                • 37825

                                #30
                                Tony, does your car have an OEM cat?
                                BimmerHeads
                                Classic BMW Specialists
                                Santa Clarita, CA

                                www.BimmerHeads.com

                                Comment

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