acknjls said:
What is the name of your state?What is the name of your state? ca
recently bought a car from private party-party states car did not smoke or have any other problems-next day car was smoking and then would not pass smog-party declined to take car back and reimburse money. is the private party responsible for smogging car before selling?
My response:
Yes.
Vehicle Code section 5751.5.
(a) Upon transfer of the title or interest of the
registered owner of a motor vehicle that is subject to Part 5
(commencing with Section 43000) of Division 26 of the Health and
Safety Code, if no certificate of compliance or certificate of
noncompliance is submitted to the department pursuant to the
exemptions described in paragraph (1) of subdivision (d) of Section
4000.1, the transferor of that vehicle shall sign and deliver to the
transferee, upon completion of the transaction, the original copy of
a statement, under penalty of perjury, that he or she has not
modified the emissions system of the vehicle and does not have any
personal knowledge of anyone else modifying the system in a manner
that causes the emission system to fail to qualify for the issuance
of a certificate of compliance pursuant to Section 44015 of the
Health and Safety Code. The transferor shall keep a duplicate copy
of the statement delivered to the transferee pursuant to this
section. The department shall prescribe and make available to
transferors the necessary forms to comply with this subdivision.
(b) Any form prescribed by the department pursuant to subdivision
(a) shall contain the following statement and a space for the
signatures of the transferor and transferee at the end of the
statement:
"WARNING TO THE BUYER
"A valid certificate of compliance was submitted to the Department
of Motor Vehicles with an application for the renewal of
registration of this vehicle. If an application for transfer is
submitted to the department within the 90-day validity period of the
smog certification, no new smog certification will be required.
However, at present, you may be purchasing a vehicle that may not be
in compliance with specified emission standards.
"By signing this statement, you acknowledge that the seller is not
required to provide you with an additional certificate of compliance
prior to the completion of this transaction.
"You may have this vehicle tested at a licensed smog check station
prior to completion of this transaction to verify compliance. If
the vehicle passes the test, you shall be responsible for the costs
of the test. If the vehicle fails the test, the seller is obligated
to reimburse you the cost of having the vehicle tested and, without
expense to you, must have the vehicle repaired to comply with
specified emission standards prior to completion of this transaction.
_______________________________ _______________________
(Transferor) (Date)
_______________________________ _______________________
(Transferee) (Date)"
Get your money back.
IAAL
