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State of California 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). Starting January 1, 2005, smog certifications will not be 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.

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โˆ™ 2005-02-08 04:24:11
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Q: Is the seller of a car responsible for a smog test pass and or repairs to pass a test prior to sale?
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Is a seller of a vehicle responsible if it wont pass a smog test?

The OWNER (no matter what capacity) is responsible.

can the seller get sued in selling a car that does not pass smog?

they cannot be sued because they are not responsible for it after they sold it

In the state of California can you legally return a car and ask your money back from a private party if it was never smogged?

In California it is the responsibility of the seller to provide verification of a current smog inspection before conducting a sales transfer of a vehicle. Without a smog certification from the seller you don't have a right to return the vehicle, but the seller is still responsible to pay for certification and any necessary repairs to pass California emission requirements.

The private lienholder sold a car to you and signed title and bill of sale is that all he needs to do in California?

No. The seller is responsible for getting the car to pass smog. They must provide you with a smog cert. dated no more that 60 prior to the date of sale.

If the car won't pass smog but the buyer still wants to purchase the car is the seller still responsible?

Sold as is means you are not responsible. You are selling it as it is. Unfortunately in California there is no AS-IS clause for vehicle sales. If it is registered as operational and you sold as operational then the seller is responsible for smogging it. The title of an operational registered vehicle can NOT be transfered without a smog certificate. If it does not pass smog, the purchaser can require the seller to pay for repairs to pass smog. The work around is to register the vehicle as Planed Non-operation (PNO) and sell the vehicle as non-operational. It may not be driven or parked on a public street and would need to be towed from it's residence by the purchaser. The purchaser would then not be able to drive or operate the vehicle on public roads until they registered it as operational. The purchaser would be responsible at that point for smogging the vehicle since they would be the title holder at that time.

Is the homeowner responsible for water damage caused by the tenant?

Any damages caused to a building which is under lease and which are directly caused by the tenant are normally deducted from the bond if necessary. Otherwise, the tenant is responsible for paying for the repairs, but it is the landlord/homeowner who must get the repairs done (they then pass the bill on).

Your son purchased a vehicle without a smog certificate and the vehicle will not pass smog Is the seller still responsible?

ha! you wish! no Along the Front Range (Denver and areas north and south) a car can NOT be sold that won't pass an Emission Test. Here, the SELLER is always responsible. I should know, I've been E-testing for 23 years.

Do you have obligation if the car does not pass smog check after you sell it?

== == According to California state law at least, the seller is responsible for making sure the vehicle he/she is selling has/can pass a smog check. The seller is supposed to provide a certificate proving that the car passed a smog check within the past 90 days. A smog check "pass" is only valid for 90 days. If the seller does not provide the buyer with a valid smog check "pass" certificate and the car fails a smog check, the seller is responsible for the cost of all repairs to get the car to a "pass" state. There is no provision in CA state law for vehicles sold in an "as-is condition. " In fact, if a seller refuses to cooperate with a buyer, the buyer is encouraged by the state of California to take him/her to court, where he or she will be made to pay all repair costs.But don't just take my word for it. Check out the website of the CA DMV to make sure you're properly informed: from the CA DMV's website:Q: Who is responsible for obtaining a Smog Check when a vehicle is sold?A: Section 24007 (b)(2) of the Vehicle Code states it is the responsibility of the seller to provide a valid smog certificate at the time of delivery of the vehicle. There is no provision in the law to sell a vehicle "as is." Q: what if the buyer decides to buy the car even with out a smog knowing the car is modified ? The CA V.C state the seller is required to provide a smog prior to the transfer. The V.C Transfer requirement do not include a SMOG in order for the transfer to be made .

disadvatage of sales tax?

A sales tax is a certain percentage of tax imposed by the government on the sales of goods and services. As per the law, a seller can collect some amount of sales tax from the consumers they are selling goods and services to. The sales tax does not produce any revenue to the seller. However, a seller is responsible to collect sales tax from consumers and pass it to the official authorities.

Is the buyer or seller responsible to smog a car if the car is sold from California but buyer is from Iowa and will be registering it in Iowa?

What do you mean smog a car? If car is sold "as is", buyer is responsible for all mandatory smog control equipment. If you mean pass a smog inspection, there are none in Iowa.

Who is responsible for a smog check on a used car?

This information is via: Section 24007 (b)(2) of the Vehicle Code states it is the responsibility of the seller to provide a valid smog certificate at the time of delivery of the vehicle. There is no provision in the law to sell a vehicle "as is." Therefore the seller is always responsible for the smog certificate even if they mention the car is sold "as-is" because the law doesn't recognize the "as-is" policy. The buyer has the option of paying for any repairs necessary to get the car to pass the Smog Check but may end up taking the seller to Small Claims Court to recover their costs. Although the law clearly supports the buyer, collecting on a small claims judgment can be difficult, so the amicable solution is usually best. For more information visit...

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