How to Sell a Car That Won't Pass Smog, Buyer is Aware

[rob28]

My question involves vehicle registration or title in the state of: California

I have a car that's over 4 years old. The car, as is, will not pass smog but the buyer says they can fix it and pass smog on his own. California law states that I have to have a smog certification less than 90 days old before I can transfer the title. What's the best way to protect myself in case the buyer can't fix the smog issues and wants his money back?

Thanks

Rob

[antrc170]

A smog inspection certificate is not required for a gasoline powered engine that is four years old or newer. If your vehicle is a 2008 model or newer, then you are covered.

If it is older, then I suggest structuring a lease agreement where he may lease the vehicle for x amount of time. If the smog is fixed by then, sell the vehicle minus the cost at that point minus the amount paid into the lease.

[flyingron]

File a planned non operation certificate with the DMV (or get a salvage certifciate).

[rob28]

Thanks for the responses. I found out that it was a simple fix and selling with smog certificate.

If I wasn't able to fix it though, the non operational was the way to go... thank you