S2KBagel

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TougeS2k

if you could id say part out the big mods, no one is gonna pay a premium for them and might hurt the sale over all

vitaminC

Where are you? In CA, the seller is responsible for getting the car past emissions. Sounds like it might worth talking to a lawyer to make sure you get your bill of sale language just right.

Sebring AP1

There's no way to circumvent this issue if he's in California. If the seller does not smog the car prior to sale and it fails, the buyer can come back legally.

Part the car out - no bill of sale will protect you if you sell to someone who will fight you back. Just my own advice.

superstuddc27

Actually yes and no. The law in CA requires the seller smog the vehicle before it is sold. That being said, is it done that way? Hell no, most people dont know this law and don't smog their vehicle even if they do. It costs $30 and half an hour and people are still too lazy to do it. But when you have a vehicle that DOES NOT pass smog, people still sell it "As is".

Now is the seller liable if it does not pass smog? Yes but not realistically. The ONLY recourse is a small claims court. I know I looked into it when someone sold me a truck that didn't pass smog. I had 10 days to fix everything to get it to pass. Calling the DMV, I was told that THEY could not do anything. If you want to take something up legally, you need to take it to small claims. In that case, is it worth my time and money to get back a small amount of money that I MAY or MAY NOT win? nope. Even if it was $1000, the time taken off work, the paperwork, going to court, possibly getting a lawyer or some legal counsel about whether or not I even have a chance, etc. just ins't worth it. And for most cases, it isn't worth it so people don't pursue.
A bill of sale that states "As-is" will hold up in court but should probably be specific to state that it does NOT pass smog in current condition and buyer assumes that responsibility.

rockville

I'm now quite curious. As a some times part time CA resident I always wondered about the piles of red tape that state seems to create. So I can see the general idea here. If I sell a working car CA wants the car to be smog legal when sold. What about a non-working car? So what if I'm selling my project that has the engine in the trunk and no wheels etc. What's the process? What if my car was wrecked and I want to sell it? I could see an exception if we are dealing with a title that will now get the salvage tag. Still, what if I blew the motor and wanted to sell it with the blown motor? I can't smog it with no motor but a blown motor shouldn't salvage title a car.

I searched and couldn't find much. One site said there is no exception to thus rule but I can't believe that no one would make an exception for say dumping a car with a blown motor.

Sebring AP1

If it is not sold as a running car then the bill of sale works fine - it just can't be registered until it has gone through emissions.

rockville

So that would mean the OP should be able to simply sell the car as no-running (making sure he has a signed BOS from the buyer etc) and avoid the emissions issue?

S2KBagel

I am not from CA. I'm in the New England region. And the buyer is from RI and they don't smog, just OB2 computer tests. But that's not my concern. My concern is that I am stating on the bill of sale that the car cannot pass OBD2 scan while running the AEM standalone. I'm trying to make the bill of sale fool proof, and having it state the the car wont pass OBD2 tests so long as the AEM is intact. I've mentioned this to the buyer about 10 times and he says "No worries, I have ways to have it passed."


I just don't want him to come back at me if he's not able to get it to pass using whatever method he chooses. I'm not hiding anything from the buyer.

s2000maniac

As long it says "As-is" no matter what happens the buyer can't do anything...