Do you have to smog a used car before you sell it?

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Old 11-29-2006, 11:55 AM
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Do you have to smog a used car before you sell it?

I'm buying a used 05 STi and I'm under the asumption that you have to smog the car before you sell it and the seller is under the asumption that he doesn't.

Who is right and why?
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Old 11-29-2006, 11:59 AM
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im pretty sure that the seller is required to, cuz whenever i bought a car, i would get $50 knocked off cuz i would tell them id smog it, since i never wanted to wait for the car to be smogged, i wanted to drive it day of, i didnt care.
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Old 11-29-2006, 12:02 PM
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In most cases, the seller is responsible to smog the car however on newer cars they do not have to be smogged for a certain amount of years. In this particular case, if the car is registered and titled in CA then he DOES NOT have to smog it. If it's out of state, it must be smogged to "enter the state."

So, if you are buying a 1998 car or whatever, yes the owner MUST smog it before selling it. If you are buying a 2005 STi, the owner does NOT have to smog it before selling it.
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Old 11-29-2006, 12:04 PM
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Originally Posted by wombatsauce
In most cases, the seller is responsible to smog the car however on newer cars they do not have to be smogged for a certain amount of years. In this particular case, if the car is registered and titled in CA then he DOES NOT have to smog it. If it's out of state, it must be smogged to "enter the state."

So, if you are buying a 1998 car or whatever, yes the owner MUST smog it before selling it. If you are buying a 2005 STi, the owner does NOT have to smog it before selling it.
What states this rule?
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Old 11-29-2006, 12:05 PM
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http://www.dmv.org/ca-california/smog-check.php

Title Transfer and Smog Requirements
When you sell a vehicle that is four or fewer model years old, a smog certificate will not be required in order to transfer the title. The buyer will be charged a smog transfer fee of $8. If the vehicle sold is more than four model years old, the seller must provide evidence of a current smog certification except in any of the following situations:


The vehicle transfer occurs between a spouse, sibling, child, parent, grandparent, or grandchild.
The vehicle was registered and biennial smog certification was submitted to the DMV within 90 days before the date the title transfer took place. A vehicle inspection report may be required for proof of certification.
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Old 11-29-2006, 12:08 PM
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Originally Posted by STi_4_Keri
http://www.dmv.org/ca-california/smog-check.php

Title Transfer and Smog Requirements
When you sell a vehicle that is four or fewer model years old, a smog certificate will not be required in order to transfer the title. The buyer will be charged a smog transfer fee of $8. If the vehicle sold is more than four model years old, the seller must provide evidence of a current smog certification except in any of the following situations:


The vehicle transfer occurs between a spouse, sibling, child, parent, grandparent, or grandchild.
The vehicle was registered and biennial smog certification was submitted to the DMV within 90 days before the date the title transfer took place. A vehicle inspection report may be required for proof of certification.

yup.

it always cracks me up when I see people selling obviously modified cars on craigslist and they state....buyer responsible for smogging. You know they are selling because they are fully aware that the car won't pass and they don't want to deal with tearing it down and going stock. It's rediculous. I can't tell you how many people I've sent that law quote to.
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Old 11-29-2006, 12:11 PM
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Thanks Keri.

Yeah, the last couple older cars I have bought - the owner hadn't smogged and was like "what? I need to smog it? I never heard of that..." Pisses me off. One was the '95 L coupe I bought. She said she would smog it, and then called me back a little later saying someone else would take it for her asking price without the smog... Awesome. Same deal with my Justy - only that one really wouldn't smog till I replaced the thermostat...

Anyway, yeah. Sucks.
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Old 11-29-2006, 12:21 PM
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Thanks guys
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