Vehicle won't pass smog; Is seller responsible?

[Newman62]

I am a Californian who recently bought a used vehicle from a fellow Californian who we'll call Sally.

Sally had bought the vehicle from someone in Oregon, therefore Sally brought the vehicle in to California. But Sally didn't register the vehicle. Instead, two weeks later she sold it to me. So she was sort of a pass through.

Because I have never bought a used car from a private party before I did not ask for a smog certificate or know that Sally was, by state law, supposed to provide me with a smog certificate.

Now I find out the vehicle not only won't pass the smog test, it is considered a gross polluter. My question is: Should Sally have smogged the vehicle upon bringing it into California? And if so, am I within my rights to ask her to pay for the repair costs to make the vehicle pass smog?

 

[OHRoadwarrior]

It appears she committed fraud by violating VC 5750 and was required as a CA resident to provide a smog cert.

 

[sandyclaus]

I am a Californian who recently bought a used vehicle from a fellow Californian who we'll call Sally.

Sally had bought the vehicle from someone in Oregon, therefore Sally brought the vehicle in to California. But Sally didn't register the vehicle. Instead, two weeks later she sold it to me. So she was sort of a pass through.

Because I have never bought a used car from a private party before I did not ask for a smog certificate or know that Sally was, by state law, supposed to provide me with a smog certificate.

Now I find out the vehicle not only won't pass the smog test, it is considered a gross polluter. My question is: Should Sally have smogged the vehicle upon bringing it into California? And if so, am I within my rights to ask her to pay for the repair costs to make the vehicle pass smog?

It appears she committed fraud by violating VC 5750 and was required as a CA resident to provide a smog cert.

Not to mention the title jumping issue. She couldn't legally sell a vehicle she didn't own. She failed to transfer title, so she didn't have an ownership interest.