California seller responsible for smog if sold as is?

[Gunmetal87]

California car has not been register and not run since 2010, doesn't pass smog. Can it be sold "as is" without seller being responsible for smog and does it have to be registered by seller before being transferred?
Thanks

 

[lrayzer]

Call the DMV, but I would think not if selling out of state, and if in state you get a document, signed, stating car is sold "AS IS", it would be your responsibility to correct any issues and present for current registration and inspection

 

[Boost231]

yes and second question no

 

[daves87gn]

I think you will be ok if the car is "non op" the buyer can buy and transfer a non op car into his name without smog

found this online

"The buyer will take the title to DMV or AAA and make title change with the choice of keeping it in PNO or putting it back on the road. At that time buyer has 30 days to show proof of insurance."

 

[Gunmetal87]

Thanks guys

 

[tbkustomz]

ive sold so many car on non op with no smog or reg paid..dmv doesnt give crap as long as they get paid and you present a smog !!!

 

[COOPER12]

what if title is in process of being transfered and failed smog . can that owner sell the car and the new owner put it on nonop in california

 

[Mark E.]

You need to be careful who you sell to. As long as they agree, no problem. But they can come back and screw you. Then you are on the hook for bringing it in compliance.

 

[COOPER12]

no Im buying it so I wont be like that. It wont be running for a few years anyways lol

 

[jiho2]

what if title is in process of being transfered and failed smog . can that owner sell the car and the new owner put it on nonop in california

This is a catch-22. The title cannot transfer to you until the car passes smog or goes on non-op. Only the owner can smog it or put it on non-op. The owner is the seller until the title transfers to you.

In other words no, because you can't be the new owner until it's on non-op.

And if you try to ignore registration until you can smog it, you'll have a fat pile of back fees to pay off before you can get it registered.

 

[COOPER12]

Ok. so I went to Dmv today got there at 4:58 My helper was very nice and she had a great figure lets just say.
Well she kinda caught me staring a second and smiled.
so $34.00 later paperwork is done lol

 

[jiho2]

COOPER12--

Boy, was I ever wrong. I mean, I was right about smog but not about non-op. The buyer can fill out a non-op form when he does the transfer. I take it that's what you just did.

I think my head got bent out of shape about this stuff some time ago, and I just naturally assumed the worst about everything.

Have fun with your car!

 

[COOPER12]

They had paid all the late fees so I am not sure if that had anything to do with it,
it went from one guy to another ( who paid the fees and started the registration process to me)
I will say though I get best results at Dmv when Im running through the doors at about 4:58
everyone is happy they are almost off lol