CA - Private Party Smog Cert on Transfer - Failed

California

I recently purchased a vehicle from a private party. I know now that the car was transfered to them with a smog cert within 90 days of them selling it to me. They did not provide a smog cert to me at the time of sale, and when I took it to my mechanic, he informed me that the vehicle would need many repairs to be able to smog.

What is the laws on selling a car that cannot pass smog at the time of sale? Even if it is under the 90 day smog cert previously. Is it the sellers responsibility now to pay for the repairs?

kerbykid said:

California

I recently purchased a vehicle from a private party. I know now that the car was transfered to them with a smog cert within 90 days of them selling it to me. They did not provide a smog cert to me at the time of sale, and when I took it to my mechanic, he informed me that the vehicle would need many repairs to be able to smog.

What is the laws on selling a car that cannot pass smog at the time of sale? Even if it is under the 90 day smog cert previously. Is it the sellers responsibility now to pay for the repairs?

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If the vehicle was smogged within 90 days, then a smog cert doesn't have to be provided to the DMV to register the vehicle...

Have you tried to register the vehicle?

You might want to contact the Department of Consumer Affairs. The specific statute in question -- CVC 4000.1 -- is a little vague onthe 90-day issue, because section (d)(1) states that the "initial" transfer must take place within the 90-day period. It may be that this only stands for a single transfer per smog check.

Contact Consumer Affairs to see what recourse you might have, if any. If the smog check was fraudulent, you may have standing to get your repairs pair for by the seller, or have them buy the car back.