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Sold Vehicle Getting it Smogged, No Bill of Sale, Failed Smog

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  • 07-21-2011, 04:34 PM
    Cali_
    Sold Vehicle Getting it Smogged, No Bill of Sale, Failed Smog
    My question involves vehicle registration or title in the state of: California
    Recently we sold a car, fairly quickly. It was a cash transaction, just under 4,000; private sale. We did not know the CA law about having to have it smogged within 90 days of the sale. At the time of sale, the buyer gave us the cash, we signed over the title and signed and mailed in the liability form thing. We did not do any bill of sale (that is the fact, yes we now know it was dumb) Since the purchase, the buyer has had work done on the vehicle - approximatley 500 worth on their own accord. Then they told us about the smog law so we went and took it to get smogged...it did not pass. We are now informed about CA smog law and are affraid that she may take us to small claims court to get us with the cost of repair. Or the sale is void because we did not provide the smog with sale?? But we had no bill of sale! Will they be able to get us in SCC? Do they even have a case since there is no bill of sale? If it means that the sale is void... and they have to get their money back and give the car back to us... will they be able to get back how much they paid since what was written on the title was less than the cash they gave? Please help - just trying to see if the buyer has a case or not. If we had only known about the smog thing, we would have done that before selling it and it would have passed (as it did just over a year ago) for us.
  • 07-22-2011, 08:13 AM
    That Guy
    Re: Sold Vehicle Getting it Smogged, No Bill of Sale, Failed Smog
    Quote:

    Quoting Cali_
    View Post
    Will they be able to get us in SCC?

    Why not?

    Quote:

    Quoting Cali_
    View Post
    Do they even have a case since there is no bill of sale?

    Having no bill of sale does not negate the sales contract (when in fact, you signed the title over to them) nor does it remove the legal requirement that the seller must ensure that the vehicle passes smog before it is sold.

    Quote:

    Quoting Cali_
    View Post
    If it means that the sale is void... and they have to get their money back and give the car back to us... will they be able to get back how much they paid since what was written on the title was less than the cash they gave?

    See, now you've dug yourself into deeper trouble by submitting fraudulent information to the DMV so that one party can evade paying taxes. I am not condoning your actions in any way but only suggesting that you do whatever you can to resolve the matter as quietly as you can and with as little trouble as you can manage!

    Quote:

    Quoting Cali_
    View Post
    If we had only known about the smog thing, we would have done that before selling it and it would have passed (as it did just over a year ago) for us.

    Then it shouldn't be a problem for you to do the same to ensure that it passes now!

    Good luck!
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