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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I sold a car (2006 Audi last smogged in 2014), with the

Customer Question

I sold a car (2006 Audi last smogged in 2014), with the buyer aware that the "check engine" light was on and the engine needed repair. The buyer test drove the car and was excited about buying it. I told him my mechanic who specialized in this type of car thought the fuel pump and/or the cam shaft needed to be replaced. I lowered my asking price of $5,000 to $2,370, which he paid in cash. He signed a purchase agreement which stipulated that he was buying the car "as is." This transaction took place in California. He has the pink slip and has turned in the change of the title with DMV. He is now asking me to pay $3,800 for repairs for the car to pass a smog test. I feel I conducted the transaction in good faith. What is my legal obligation?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

You do appear to have conducted the sale in good faith. Unfortunately, you didn't comply with the CA DMV smog requirements for having the vehicle smogged within 90 days of the date of sale.

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 feewill be collected from the new owner.

Source: https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/vr/smogfaq#BM2535

You have 2 options with regards ***** ***** sale. You can pay for the car to pass smog (you do not have to pay for any other repairs); or, you can void the sale (take back the car and return the buyer's money).