I have a car I'm selling, its neither smogged, nor registered, but the buyer has the intention of smogging and registering it. How would I go about doing this? Just hand over the title/papers and keys?

I just sold a yota and according to what I was told, I was responsible for the smogging. Not sure of the legal ramifications if you don't.

Is your name on the title? You have to be careful because in Cali. it is the sellers responsiblity for the intergrity of the vehicle passing smog. I've heard nightmares of people selling their car knowing full well that it would not pass smog and the buyer knowing the same thing, buyer gets it fixed and then hands the seller the bill. Guess what the seller had to pay for full repairs because of the law. Maybe you can sell it as 'parts' and not a full vehicle.

sell it "as is/where is" and wash you hands of it. write up an as is/where is bill of sale and you are done.

Originally posted by larryboy
sell it "as is/where is" and wash you hands of it. write up an as is/where is bill of sale and you are done. not true

what about if you put on the B.O.S. sold as a parts vehicle

ill guess ill just say, its a parts vehicle, it isn't safe to drive, it is sold as-is.

thanks

Originally posted by bearbait
not true

yes,it is. the company i work for does it all the time,lawyer approved.

RELEASE OF LIABILITY!!!!!!!!!!!!!!!!!!!
RELEASE OF LIABILITY!!!!!!!!!!!!!!!!!!!
RELEASE OF LIABILITY!!!!!!!!!!!!!!!!!!!

Originally posted by larryboy
sell it "as is/where is" and wash you hands of it. write up an as is/where is bill of sale and you are done.


I would question this one. If you look closley at the CA vehicle code it states that is no exception pertaining to smog even in an "as is" sale. It used to be that you could put "as is" and you were good but over the last couple of years it has changed. I went through this just awhile back and you as a seller cannot negate your responsibility for smog testing a vehicle. Even if you file a release of liability you are still responsible for the smog status of the vehicle until said vehicle is registered in the name of the new owner.

Also, if the person plans on registering the vehicle and driving it on the road you don't want to put it as a "parts" sale on the bill of sale. If you do so the title will be shifted to a salvage title. Once a vehicle is titled under "salvage" it will stay that way for the life of the vehicle and if the new owner wants to register it for highway use they will have to take it to the CHP for inspection.

So to transfer ownership would I fill out everything on the "Title"?

(This is my first vehicle sale)

piece by piece, otherwise talk to DMV, they will tell you everything you need to do.

:)

ken

Sell it as parts or it could be your a$$.

Maybe look into registering it "non operational". You may be dinged with back registration fees.

Draft a bill of sale with all the facts (non-op, not smogged, as-is) listed. Maybe this will get you out of the smog inspection liability.

Ultimately, you should check with DMV and find out what your options are.