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Is private seller (CA) responsible for cost of smog 7 months after sale when buyer declined seller's offer to smog car at sale.

Sunnyvale, CA |
Filed under: Used cars Car repairs

Car passed smog without issue in Dec 2011. Buyer purchased car in May 2012. Seller (me) offered to have car smogged, but buyer declined - he wanted to take car at that time rather than make separate trip to pick it up a few days later. Seller gave buyer cash to cover cost of smog and certificate. On Nov 29, 2012 buyer called me to inform car didn't pass smog, supposedly needed repairs, and is demanding money and threatening small claims court. Am i still liable after 7 mo?
Car was in perfect working order when buyer took it 7 months ago. Buyer and Seller had civil agreement that buyer would be responsible for smog and took car "as-is." I don't believe bill of sale states "as-is". Buyer has used car for 7 months without registering. I filed DMV release of liability upon sale in May.

Attorney Answers 1


  1. Check DMV website for rule. Seller must smog car prior to sale. No exceptions other than a non op sale.

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