I am selling my vehicle, do I need a smog
check?
As discussed in question 1, Section 24007 (b)(2) of the Vehicle
Code states it is the responsibility of the seller to provide a
valid smog certificate at the time of delivery of the vehicle. There
is no provision in the law to sell a vehicle "as is."
Therefore the seller is always responsible for the smog certificate
even if they mention the car is sold "as-is" because the
law doesn't recognize the "as-is" policy.
If a seller sells his/her vehicle without a valid smog certificate,
the buyer may pay for any repairs necessary to get the car to
pass the Smog Check and may end up taking the seller to Small
Claims Court to recover their costs.
To avoid running into problems, if you plan on selling your vehicle,
obtain a smog inspection first. A California smog certificate
is valid for 90 days.
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