Liability issue on used car sale

[msed44]

California. I recently sold a 1987 nissan pathfinder with 269k miles on it. I included a bill of sale stating the truck was sold "as is". The buyer was responsible for the smog and registration. However, the buyer has contacted me saying that it will cost around $850 to fix the truck so that it will pass smog and that I am legally responsible for paying it. I just want to know if I am in fact still liable even though he signed a bill of sale stating the car was sold "as is". I'll appreciate any help, thanks.

 

[TheGeekess]

California. I recently sold a 1987 nissan pathfinder with 269k miles on it. I included a bill of sale stating the truck was sold "as is". The buyer was responsible for the smog and registration. However, the buyer has contacted me saying that it will cost around $850 to fix the truck so that it will pass smog and that I am legally responsible for paying it. I just want to know if I am in fact still liable even though he signed a bill of sale stating the car was sold "as is". I'll appreciate any help, thanks.

Tell the buyer to enjoy his new vehicle.

 

[OHRoadwarrior]

Unless you sold it for parts, you are required to provide a valid smog cert from within 90 days or pay for the repairs.

 

[HomeGuru]

California. I recently sold a 1987 nissan pathfinder with 269k miles on it. I included a bill of sale stating the truck was sold "as is". The buyer was responsible for the smog and registration. However, the buyer has contacted me saying that it will cost around $850 to fix the truck so that it will pass smog and that I am legally responsible for paying it. I just want to know if I am in fact still liable even though he signed a bill of sale stating the car was sold "as is". I'll appreciate any help, thanks.

**A: why did you not get the smog cert. and updated registration prior to selling the vehicle? You may have sold an illegal vehicle.

 

[sandyclaus]

Hate to burst everyone's bubble here (HomeGuru has a clue)... See here: http://www.dmv.ca.gov/vr/smogfaq.htm

In California, a vehicle MUST pass smog in order for a valid transfer of ownership. Either the seller must have had a valid Smog Certificate issued within 90 days of the vehicle sale, or they must pay for the Smog Certificate prior to completing the transfer of ownership. When you transfer a vehicle that is four or less model years old, a smog certification is not required. (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.

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 fee will be collected from the new owner.

Unless the vehicle was sold strictly for parts, then the buyer CAN invalidate the sale AND/OR hold the seller responsible for failing to obtain the proper Smog Certificate prior to completing the sale - including reimbursement of the cost of repairs required in order to make the car pass that Smog Certification.

 

[HomeGuru]

The OP was ignorant of the rules prior to selling and now must pay.

 

[sandyclaus]

And just to get ahead of the game, NO, putting "AS IS" on the bill of sale doesn't change my response. That only works if there is not a specific statute in place that prevents sale of a vehicle that won't pass state inspection.

You have to cover the cost to make it right - as you would have been obligated to do prior to legally selling the vehicle.

 

[OHRoadwarrior]

You can offer to buy it back and sell it in another state.

 

[HomeGuru]

Good idea. Sell it in Hawaii. The cost to transport will be much higher than the value of the ole heep.