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What penalties can a person face for selling a car without a current smog certificate?

Redding, CA |

Is there a set DMV fine or threat of arrest, fraud ??

Attorney Answers 1


You cannot lawfully make such a sale UNLESS you sell it in a "non-op" condition. Penalty is an unenforceable contract.

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It was sold to me licensed and registered until 2013. Seller was very clear in telling my husband and myself that the vehicle had just passed it's smog check " A couple months " earlier when she renewed the registration. Now she does not want to return my calls and since I have started spending money to repair some minor cosmetic issues it had, I am not willing to give it back for a return of my purchase price. I fixed the car with the belief I would be able to register it in my name the following business day. I will take her to court but I wanted to know if this is simply a "Buyer beware" problem.

Scott Richard Kaufman

Scott Richard Kaufman


Buyer beware has not been the law in the US since about 100 years ago. Regardless, if you want to "smog it" and keep it you can do so. Lastly, if you want to then sue them for the $$ to smog it, you can do so. Good luck with it.

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