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      05-01-2012, 10:34 PM   #1
nukezero
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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.
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      05-02-2012, 01:54 AM   #2
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I would fix it, then sell it.
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      05-02-2012, 01:58 AM   #3
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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.
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      05-02-2012, 04:22 AM   #4
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Quote:
Originally Posted by mfanatic325 View Post
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?
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      05-02-2012, 07:56 AM   #5
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Quote:
Originally Posted by nukezero View Post
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.
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      05-02-2012, 08:32 AM   #6
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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.
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      05-02-2012, 08:53 AM   #7
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Sell it out of state
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      05-02-2012, 09:18 AM   #8
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Quote:
Originally Posted by Maestro View Post
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.
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      05-02-2012, 10:10 AM   #9
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Quote:
Originally Posted by MadDog View Post
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.
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