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  1. #1
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Verbal Agreement for a Car Trade in California

    A smog certificate is only good for 90 days, so even if one had been provided it wouldn't be valid three full months later. I see various sites that indicate that a used car seller is to provide a smog certificate, but I don't see any which describe the consequence of failure or what happens when the buyer knowingly purchases a car without a smog certificate. I would be interested in seeing any legal authority on this question, one way or the other.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Verbal Agreement for a Car Trade in California

    Per the DMV the seller is required to obtain a smog certificate prior to the transfer of title to the vehicle. No smog certificate, no transfer of title.

    I believe that current and valid registration is sufficient, but it may be only so long as the vehicle was smogged in the past year. I recently sold a car to a friend of ours and we did not have to get it smogged ... though it had to pass inspection several months earlier for registration renewal.

    So ... who has the car right now? Have you gotten it back? If not, then if there has been no transfer of title or release of liability filed, you might just be able to go collect the car yourself as it is not legally his.

    - Carl

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