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  1. #1
    Join Date
    Jul 2011
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    1

    Default 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.

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