How do I sell a car that won't start? smog certification - BMW 1-Series Forum (F20) 135i

nukezero · 05-01-2012, 10:34 PM

So I have a camry that won't start and I want to sell it this weekend. California requires that the vehicle be smogged and paid for by the seller. But the engine is dead, and there's no reason to smog.

I am afraid that when the buyers swap the engine, they will smog it and ask me to pay for it by sending me a bill. How do I protect myself in this situation?

Do I sell the car as inoperable or marked as inoperable somewhere?

the car is currently registered as operational and the tags are current.

venom3469 · 05-02-2012, 01:54 AM

I would fix it, then sell it.

mfanatic325 · 05-02-2012, 01:58 AM

Just draft up a contract between you and the buyer stating clearly that the buyer will be solely responsible for the smogging of the vehicle. Then have both of your sign, and any witness(es) sign on the document as well. Make and give the buyer a photocopy, along with the title/transfer of ownership paperwork, etc. and then send your portion into DMV asap. I believe you have like a 10-day window or less.
That should about cover it.

AllydNYC · 05-02-2012, 04:22 AM

Quote:

Originally Posted by mfanatic325

Just draft up a contract between you and the buyer stating clearly that the buyer will be solely responsible for the smogging of the vehicle. Then have both of your sign, and any witness(es) sign on the document as well. Make and give the buyer a photocopy, along with the title/transfer of ownership paperwork, etc. and then send your portion into DMV asap. I believe you have like a 10-day window or less.
That should about cover it.

I'm just adding this for the hell of it, not sure if needed... Maybe the document should be notarized if OP wants to go that route?

MadDog · 05-02-2012, 07:56 AM

Quote:

Originally Posted by nukezero

So I have a camry that won't start and I want to sell it this weekend. California requires that the vehicle be smogged and paid for by the seller. But the engine is dead, and there's no reason to smog.

I am afraid that when the buyers swap the engine, they will smog it and ask me to pay for it by sending me a bill. How do I protect myself in this situation?

Do I sell the car as inoperable or marked as inoperable somewhere?

the car is currently registered as operational and the tags are current.

When the buyer goes to register the car, he'll have to register it as non-ops, thereby eliminating the need for a current smog check.

Maestro · 05-02-2012, 08:32 AM

The CA SMOG Cert requirement is mainly for Dealers, meaning they can not dump the car on the public without it passing the SMOG Cert. However, the average joe is also required to do this. In reality you can still sell a car and required the buy to pay for the cert, there is nothing precluding you from doing this. As it was point out just make sure the car is being sold as is, not running and the buy assumes all responsibilities. Another lesson I learned in CA, make sure you take the person to transfer ownership. Never let someone walk away without you knowing transfer has happen. Because if they never do the actual transfer and they leave the car on the side of the road CA comes after the last register owner.

Sara504 · 05-02-2012, 08:53 AM

Sell it out of state

MadDog · 05-02-2012, 09:18 AM

Quote:

Originally Posted by Maestro

The CA SMOG Cert requirement is mainly for Dealers, meaning they can not dump the car on the public without it passing the SMOG Cert. However, the average joe is also required to do this. In reality you can still sell a car and required the buy to pay for the cert, there is nothing precluding you from doing this. As it was point out just make sure the car is being sold as is, not running and the buy assumes all responsibilities. Another lesson I learned in CA, make sure you take the person to transfer ownership. Never let someone walk away without you knowing transfer has happen. Because if they never do the actual transfer and they leave the car on the side of the road CA comes after the last register owner.

From the CA DMV website:

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.

Maestro · 05-02-2012, 10:10 AM

Quote:

Originally Posted by MadDog

From the CA DMV website:

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.

Yeah I know I lived out there when the law was pass it was primarily intended for dealers. I bough cars when I lived there without the cert and agreed to do it myself since. Dealer can not sell new or used without the cert. Individual can work their own deals just make sure it is in writing like the car is being sold as is.

05-01-2012, 10:34 PM	#1
nukezero Major Drives: '09 335I Cpe Join Date: Sep 2008 Location: Sunny Socal Posts: 1,117 iTrader: (4)	How do I sell a car that won't start? smog certification So I have a camry that won't start and I want to sell it this weekend. California requires that the vehicle be smogged and paid for by the seller. But the engine is dead, and there's no reason to smog. I am afraid that when the buyers swap the engine, they will smog it and ask me to pay for it by sending me a bill. How do I protect myself in this situation? Do I sell the car as inoperable or marked as inoperable somewhere? the car is currently registered as operational and the tags are current. __________________ 2009 335i 6MT - M-Sport - All stock
	Tweet

05-02-2012, 01:54 AM	#2
venom3469 First Lieutenant Drives: 08 AW/R 6MT 335i, YZF-R6. Join Date: May 2011 Location: Florence, Alabama Posts: 324 iTrader: (0)	I would fix it, then sell it. __________________ 08 335i Alpine White/Coral Red Interior With A PROcede Tune!! 09 Yamaha R6!!

05-02-2012, 01:58 AM	#3
mfanatic325 ///M-fanatic Drives: '07 Z4MC, '04 325Ci Join Date: Oct 2007 Location: Cupertino, CA. Posts: 3,406 iTrader: (20) Garage List 2007 BMW Z4M Coupe [4.45]	Just draft up a contract between you and the buyer stating clearly that the buyer will be solely responsible for the smogging of the vehicle. Then have both of your sign, and any witness(es) sign on the document as well. Make and give the buyer a photocopy, along with the title/transfer of ownership paperwork, etc. and then send your portion into DMV asap. I believe you have like a 10-day window or less. That should about cover it. __________________ VF570 S/C\|TIAL BOV\|SetRabCooler\|Brembo GT 6/4\|TE37s\|NT05s\|3.91 Gearing\|TCK D/A\|RPi Induction\|SS Race Mufflers/X-pipe\|JVT Headers\|AS SSK\|Sparco Pro2000/6pt.Harness\|MS FloorMounts\|SE Custom Harness Bar\|Tekarbon Angels\|M-Tech Pedals\|OE Strut Bar\|RE RSMs\|8000K D2S\|CDV DEL\|CF Roof Wrap\|MB Grills\|UUC TrannyMounts/ClutchStop\|V1 Mount\|P3C Gauge

05-02-2012, 08:53 AM	#7
Sara504 ///Miss E92 Drives: 2013 335is Join Date: Aug 2007 Location: California Posts: 17,197 iTrader: (6)	Sell it out of state __________________ 2013 335is-Current 2011 335i -Sold 4/132006 325i-Sold 7/11

Thread Tools	Search this Thread
Show Printable Version Email this Page	Search this Thread: Advanced Search

05-02-2012, 08:32 AM	#6
Maestro Captain Drives: 2007 335i Sedan Join Date: Nov 2006 Location: Philadelphia Posts: 722 iTrader: (0)	The CA SMOG Cert requirement is mainly for Dealers, meaning they can not dump the car on the public without it passing the SMOG Cert. However, the average joe is also required to do this. In reality you can still sell a car and required the buy to pay for the cert, there is nothing precluding you from doing this. As it was point out just make sure the car is being sold as is, not running and the buy assumes all responsibilities. Another lesson I learned in CA, make sure you take the person to transfer ownership. Never let someone walk away without you knowing transfer has happen. Because if they never do the actual transfer and they leave the car on the side of the road CA comes after the last register owner.