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I sold a used car that was totaled/salvaged by my insurance, do i have to pass smog ?

South San Francisco, CA |

I stated to buyer he would have to pass smog check and brake/light checks in order to legally register it as its being sold with Salvage Certificate. He agreed and signed bill of sale stating the same terms. Now he is claiming that under law i have to pay for repairs. Isn't there a provision for Salvaged Cars, as they are not legally registered to be driven on the road until they pass brake/light/smog/and chp checks ?

"The car will need to pass brake/light inspection as well as smog check to be legally registered in California. Car is sold in as is condition, buyer will be responsible for pick up vehicle/passing brake/light/smog check to register the vehicle. THE CAR IS SOLD IN AS IS WHERE IS CONDTION AND ALL SALES WILL BE FINAL." The car was totaled by Insurance making the vehicle Non Operational, plus i disclosed to the buyer of that and stated he will have to pass all the necesary requirements by state to make it legally registered.

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Filed under: Used cars Car repairs
Attorney answers 2


You can't change what the law provides, just because you and buyer agreed to do so. Smog is required by seller. Call DMV and check on salvage title requirements.

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So if you sell Non Operational car you need to pass smog to sell it ?


Seller must smog in CA UNLESS the vehicle is sold "non op" and it is not clear if it was sold that way here. Regardless, I do not think you need to do a lot of "fixes" unless you promised to do those fixes especially if you were upfront and honest re: the salvage condition of the vehicle.