California Racing Vehicle: question of sale

[carnush]

What is the name of your state? California

I own a 1988 Porsche Turbo that is street legal and fully racing modified (i.e. 630 hp, hand built customized exhaust, etc.). It has no smog system and has no valid smog certificate. I wish to sell it and do not want to smog equip it. Not only is it very expensive, it takes away from what this car is meant to be and do. If a buyer who knows their cars were to buy this one, it would be because they would want it "as is".

To paraphrase Section 24007 (b)(2): I cannot sell this car "as is" and avoid responsibilility for obtaining a smog certificate. Additionally, the buyer, after purchase, can re-equip the car to obtain a smog certificate. The buyer can then pursue me, through the courts if necessary, to seek recovery of their costs. Interestingly it says they "may end up taking the seller to Small Claims Court to recover their costs". Does that limit the buyer to Small Claims Court? If so, the Small Claims Court limit ($5,000) is approximately half of what it would cost to smog equip this car.

My question: Is there a way, through written legal agreement, that I can sell the car "as is" (fully disclosing all of its equipment and the fact it lacks smog equipment) and not bear any future responsibilities for smog equipping this car? If I cannot, is my exposure limited to the Small Claims Court limit of $5,000.

Thanks.

 

[racer72]

Sell the car as a "race car", not a street legal car. In your bill of sale state the the vehicle is NOT legal to use on the street and that the buyer is responsible for any and all costs to make the car street legal. Make sure you point all this out to the buyer. I've sold a few cars that have bordered on the street legal and the above info is included in my bill of sale.

 

[divgradcurl]

Is there a way, through written legal agreement, that I can sell the car "as is" (fully disclosing all of its equipment and the fact it lacks smog equipment) and not bear any future responsibilities for smog equipping this car?

No. Unless the car is sold as an off-highway vehicle, and never registered to drive on the street, a smog certificate must accompany the sale, and the seller is always responsible.

If I cannot, is my exposure limited to the Small Claims Court limit of $5,000.

No. The Automotive Affairs people probably stated small claims simply because most cars would cost less than $5000 to bring into comliance, and it might not be worth hiring a lawyer to sue in superior court if the costs exceeded $5000. But that doesn't mean that your exposure is limited to small claims -- if someone wanted to make a big issue out of it, they could.

And BTW -- if the car doesn't have smog equipment, it's not "street legal."

 

[panzertanker]

What is the name of your state? California

I own a 1988 Porsche Turbo that is street legal and fully racing modified (i.e. 630 hp, hand built customized exhaust, etc.). It has no smog system and has no valid smog certificate. I wish to sell it and do not want to smog equip it. Not only is it very expensive, it takes away from what this car is meant to be and do. If a buyer who knows their cars were to buy this one, it would be because they would want it "as is".

To paraphrase Section 24007 (b)(2): I cannot sell this car "as is" and avoid responsibilility for obtaining a smog certificate. Additionally, the buyer, after purchase, can re-equip the car to obtain a smog certificate. The buyer can then pursue me, through the courts if necessary, to seek recovery of their costs. Interestingly it says they "may end up taking the seller to Small Claims Court to recover their costs". Does that limit the buyer to Small Claims Court? If so, the Small Claims Court limit ($5,000) is approximately half of what it would cost to smog equip this car.

My question: Is there a way, through written legal agreement, that I can sell the car "as is" (fully disclosing all of its equipment and the fact it lacks smog equipment) and not bear any future responsibilities for smog equipping this car? If I cannot, is my exposure limited to the Small Claims Court limit of $5,000.

Thanks.

I can't answer if you could write an agreement that would supercede the state law you "paraphrased", but I can offer a suggestion:
Sell the car to someone OUT OF STATE.

Advertise it on-line or in a trade magazine that is distributed in multiple states. That should solve any smog issues....