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do you have to smog ur car before u sell it?

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Old 07-06-2005, 03:30 PM
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Default do you have to smog ur car before u sell it?

buyer of my car called me today and told me .... my S2000 wouldnt pass smog...i dont know WHY?? but he said it wouldnt ... and he told me i need to find some way to make S2000 pass smog so he can register.... and it is the LAW???

i never heard it is mandatory for seller to smog the car for the buyer,,, is that true??

what should i do???

i think since i sold the car it is his responsibility to take care of things ......
Old 07-06-2005, 03:32 PM
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Yes, the seller has to smog the car. It's law.
Old 07-06-2005, 03:36 PM
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Originally Posted by wRockrStarx,Jul 6 2005, 03:32 PM
It is his responsibility
I think Webdiva is right. When I sold my car I had to pay to get it smogged and give the paperwork to the buyer.
Old 07-06-2005, 03:39 PM
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According to the DMV, looks like there are new rules:

"Provide the purchaser with evidence of a valid smog certification.
Smog certificates are good for 90 days from the date of inspection. The smog certification is not required if the owner or buyer signs a statement that smog certification was submitted with renewal fees within 90 days prior to the transfer date (a vehicle inspection report may be required for proof of certification).

Recent legislation changed the requirements for vehicle transfers occuring on or after January 1, 2005. When you transfer a vehicle that is four or less model years old a smog certification will not be required. A smog transfer fee will be collected from the new owner. When a vehicle is more than four model years old, evidence of a current smog certification must be provided by a seller except when the following occurs:

* The transfer occurs between a spouse, sibling, child, parent, grandparent, or grandchild.
* 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)."
Old 07-06-2005, 03:44 PM
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Originally Posted by wRockrStarx,Jul 6 2005, 04:42 PM
That crow sure must taste good ;-)
Actually Paul, I have no problem with correcting something I've posted. The last time I sold a car, last year...it WAS required. I wasn't aware of the change. I look forward to more great posts by you before you get your ass banned again.
Old 07-06-2005, 03:45 PM
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[QUOTE=webdiva,Jul 6 2005, 03:39 PM] According to the DMV, looks like there are new rules:

"Provide the purchaser with evidence of a valid smog certification.
Smog certificates are good for 90 days from the date of inspection. The smog certification is not required if the owner or buyer signs a statement that smog certification was submitted with renewal fees within 90 days prior to the transfer date (a vehicle inspection report may be required for proof of certification).

Recent legislation changed the requirements for vehicle transfers occuring on or after January 1, 2005. When you transfer a vehicle that is four or less model years old a smog certification will not be required. A smog transfer fee will be collected from the new owner. When a vehicle is more than four model years old, evidence of a current smog certification must be provided by a seller except when the following occurs:

Old 07-06-2005, 03:48 PM
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Originally Posted by wRockrStarx,Jul 6 2005, 03:44 PM
And, it also says that the seller IS required, but that is ONLY if the buyer requests the seller smog it beforehand. If the buyer buys the car without a smog, the seller is no longer liable.
Hmmm..I don't see that part.

This is from their FAQs:

Currently, smog inspections are required for all vehicles except diesel powered vehicles, electric, natural gas powered vehicles over 14,000 lbs, hybrids, motorcycles, trailers, or vehicles 1975 and older.

Vehicles registered in areas subject to the biennial smog certification program are required to submit evidence of a smog certification every other renewal period. Owners of vehicles six or less model years old will pay an annual smog abatement fee for the first six registration years instead of being required to provide a biennial smog certification. The registration renewal notice mailed to you by the department will indicate if a smog certification is required. If a smog certification is required and you have not had a smog inspection, you may still pay your registration fees to avoid any late fees. However, you will not receive your new registration or year sticker until the smog information has been received by DMV.

NOTE: Upon initial registration, nonresident and specially constructed vehicles 1976 and newer require smog certification. The six or less model years old rule does not apply to these vehicles.

When you transfer a vehicle that is four or less model years old a smog certification is not required. A smog transfer fee will be collected from the new owner. When a vehicle is more than four model years old, a seller must provide evidence of a current smog certification except when the following occurs:

The transfer occurs between a spouse, sibling, child, parent, grandparent, or grandchild.
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).
Smog certifications are good for 90 days from the date of issuance.



--------------------------------------------------------------------------------

How old does a vehicle have to be to qualify for a smog exemption?

All 1975 and older vehicles are exempt from smog certification requirements.


--------------------------------------------------------------------------------

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 any motor vehicle that is four or less model years old. A smog transfer fee will be collected from the new owner.



So where is the part you quoted?
Old 07-06-2005, 03:49 PM
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Originally Posted by Ooalloems2koO,Jul 6 2005, 03:45 PM

so what do i do??
buyer didnt request for smog check when i sold mine ,,,and it is already sold to him//?? what should i do?
Hang on the jury is still out on this one.


Old 07-06-2005, 03:51 PM
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I say you have to smog the car before you sell it (and sale has to be within 90 days of getting it smogged)....
Old 07-06-2005, 03:54 PM
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Originally Posted by wRockrStarx,Jul 6 2005, 03:51 PM
Well, the thing is Brian, in that law it states 4 years newer or LESS. Yours was/is and 00 right? Did you sell it in 2004 or 2005? However, he already bought the car.
My bad...that IS a good point. I hope you sold it in '04 Brian!


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