Smog is not always required:
When you transfer a vehicle that is four or less model years old a smog certification is not required. (Determine the oldest-qualifying year model by subtracting three from the current year.) The four or less model years old rule does not apply to diesel powered vehicles. A smog transfer fee will be collected from the new owner . When a vehicle is more than four model years old, a seller must provide evidence of a current smog certification except when one of the following occurs:
* The transfer occurs between a spouse, domestic partner, sibling, child, parent, grandparent, or grandchild.
* A biennial smog certification was submitted to DMV within 90 days prior to the vehicle transfer date (a vehicle inspection report may be required for proof of certification).
Smog certifications are good for 90 days from the date of issuance.
However, there is the practical side of the matter and since the OP now has possession of the car, he will still have to go to small claims court to press any claim for a refund. The police and the DMV are not going to step in and force the money to be returned. The only thing that might happen is that new title may not be issued.