What is the name of your state? California
Synopsis: I'm selling a car that might not pass smog, and want to sell as is without being held responsible for repairs. Looking for a contract that will protect me.
I have a car that needs engine work, and possibly won't pass smog without repairs. I have no intention of deceving anyone, and am disclosing this in my ad, I just want to remove my liability. I know that in CA the seller is responsible for smog checking before selling, but an employee at a smog tester said that if you have a written agreement, you're protected. I spoke with a rep from the Department of Consumer Affairs, Bureau of Automotive Repair, and he said that after the sale, getting me to pay for smog cert./repair is a civil matter, handled by small claims court. He didn't know how it would be ruled if I had an agreement, but the code states I'm responsible. I guess I'm asking if you can have a contract that counters the state code. I've looked at legal forms online, but none have a clause relinquishing me of smog cert. responsibility.
Thanks much for any advice!