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Old 09-15-2013, 04:13 PM   #26 (permalink)
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If your selling make up a bill of sale an make sure you put as is.... Itll save your ass in court
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Old 09-15-2013, 04:14 PM   #27 (permalink)
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Originally Posted by osv View Post
wrong!

I can't believe the misinformation in this thread... do any of you actually READ the dmv code? lol
who the fuck said anything about the "CODE"!!! I have never said anything about the seller is not responsible for smoging the damn vehicle. All i'm saying is you can sell one "as is, purchaser to smog" written on the bill of sale signed by both parties and then it's on the buyer. Been there, done it both as buyer and seller.
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Old 09-15-2013, 04:18 PM   #28 (permalink)
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Originally Posted by osv View Post
pot calling the kettle black, I think

you walked into the dmv with a California smog check, and got a car licensed... bfd.

that doesn't prove that the seller isn't responsible for smogging the vehicle.
no, I sold a car to someone, non-op, (a friend) no smog needed tell the car comes off non-op and its the BUYERS responsibility.

Fuck are you that stupid kid?
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When I'm the voice of reason, it's a pretty good indication that someone's doing it wrong.
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Old 09-15-2013, 04:19 PM   #29 (permalink)
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Ok. So if you pay back fees you can non-op? Didn't know that. Thought I read it had to be current on reg. As in currently registered. Guess I was wrong.
they will not let you non-op a car in this state unless the reg is current. So you have to backpay up to current.
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When I'm the voice of reason, it's a pretty good indication that someone's doing it wrong.
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Old 09-15-2013, 04:19 PM   #30 (permalink)
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who the fuck said anything about the "CODE"!!! I have never said anything about the seller is not responsible for smoging the damn vehicle. All i'm saying is you can sell one "as is, purchaser to smog" written on the bill of sale signed by both parties and then it's on the buyer. Been there, done it both as buyer and seller.
You are talking to people that can't contract for themselves. They need the gov to tell them how. Wonder how many of these experts went to court with a "as is buyer smogs contract"?
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Old 09-15-2013, 04:21 PM   #31 (permalink)
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they will not let you non-op a car in this state unless the reg is current. So you have to backpay up to current.
I will be taking advantage of this. Thanks.
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Old 09-15-2013, 04:26 PM   #32 (permalink)
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Originally Posted by TBS-POPS View Post
who the fuck said anything about the "CODE"!!! I have never said anything about the seller is not responsible for smoging the damn vehicle. All i'm saying is you can sell one "as is, purchaser to smog" written on the bill of sale signed by both parties and then it's on the buyer. Been there, done it both as buyer and seller.
the problem is that what you did as the seller left you open for a lawsuit, that you would lose... why is that so difficult to understand?

there is no "purchaser to smog" bill of sale law in California that absolves the seller of full responsibility for the smog check, period.
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Old 09-15-2013, 04:28 PM   #33 (permalink)
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I will be taking advantage of this. Thanks.
Also remember after 5 years (10? can't remember) the car "drops out" of the system and you can register it as if its new to the state.
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When I'm the voice of reason, it's a pretty good indication that someone's doing it wrong.
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Old 09-15-2013, 04:30 PM   #34 (permalink)
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Also remember after 5 years (10? can't remember) the car "drops out" of the system and you can register it as if its new to the state.
Heard that in the past. Wasn't sure if it was still true. Gonna be doing that with my chevelle soon.
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Old 09-15-2013, 04:31 PM   #35 (permalink)
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no, I sold a car to someone, non-op, (a friend) no smog needed tell the car comes off non-op and its the BUYERS responsibility.

Fuck are you that stupid kid?
hey, i'm not the dumb ass who can't back up his claim with the appropriate dmv code, lol... you are!
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Old 09-15-2013, 04:32 PM   #36 (permalink)
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Also remember after 5 years (10? can't remember) the car "drops out" of the system and you can register it as if its new to the state.
the last time I did that it was seven years to get out of the system, fwiw.

and oh yeah, I think that they had to inspect the vin at the dmv, and they wanted to see the last registration for the vehicle, as well as a smog check.

Last edited by osv; 09-15-2013 at 04:37 PM.
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Old 09-15-2013, 04:43 PM   #37 (permalink)
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You are talking to people that can't contract for themselves.
the court isn't going to recognize your "contract" when the law has been broken:

"Question: I have a car that is registered and inspected in Virginia. I drove it out here for a temporary assignment and I would now like to sell it before flying back to Virginia. Am I required to get a smog inspection?


Answer: Because the transaction is taking place in California, California laws must be followed. Section 24007 (b)(2) of the Vehicle Code states it is the responsibility of the seller to provide a valid smog certificate at the time of delivery of the vehicle. There is no provision in the law to sell a vehicle "as is." Therefore the seller is always responsible for the smog certificate even if they mention the car is sold "as-is" because the law doesn't recognize the "as-is" policy.

The buyer has the option of paying for any repairs necessary to get the car to pass the Smog Check but may end up taking the seller to Small Claims Court to recover their costs. Although the law clearly supports the buyer, collecting on a small claims judgment can be difficult, so the amicable solution is usually best. "
FORUM - Selling or Buying a Used Car, Truck, Van, SUV, or RV Smog Check Certificate Required - SmogTips.com. The seller or buyer is responsible for a pssing smog test before the vehicle is sold or title transfered at the DMV.
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Old 09-15-2013, 04:45 PM   #38 (permalink)
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so much wrong info in this thread. Read the actual law people. It's been posted here a lot.

A bill of sale with "as-is" won't work
A non-op registration won't work

The only way is for the seller is to get a salvage certificate prior to selling.
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Old 09-15-2013, 04:54 PM   #39 (permalink)
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Originally Posted by wizard_Drd View Post
so much wrong info in this thread. Read the actual law people. It's been posted here a lot.

A bill of sale with "as-is" won't work
A non-op registration won't work

The only way is for the seller is to get a salvage certificate prior to selling.
Link?
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Old 09-15-2013, 05:05 PM   #40 (permalink)
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link?
cvc
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responsibility of dealer or other person selling motor vehicle

24007. (a) (1) no dealer or person holding a retail seller's permit shall sell a new or used vehicle that is not in compliance with this code and departmental regulations adopted pursuant to this code, unless the vehicle is sold to another dealer, sold for the purpose of being legally wrecked or dismantled, or sold exclusively for off-highway use.

(2) paragraph (1) does not apply to any vehicle sold by either (a) a dismantler after being reported for dismantling pursuant to section 11520 or (b) a salvage pool after obtaining a salvage certificate pursuant to section 11515 or a nonrepairable vehicle certificate issued pursuant to section 11515.2.

(3) notwithstanding paragraph (1), the equipment requirements of this division do not apply to the sale of a leased vehicle by a dealer to a lessee if the lessee is in possession of the vehicle immediately prior to the time of the sale and the vehicle is registered in this state.

(b) (1) except as provided in section 24007.5, no person shall sell, or offer or deliver for sale, to the ultimate purchaser, or to any subsequent purchaser a new or used motor vehicle, as those terms are defined in chapter 2 (commencing with section 39010) of part 1 of division 26 of the health and safety code, subject to part 5 (commencing with section 43000) of that division 26 which is not in compliance with that part and the rules and regulations of the state air resources board, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
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Old 09-15-2013, 05:14 PM   #41 (permalink)
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cvc
Kind of hard to understand the lingo, but kinda makes sense.

Now, do you know if when the buyer gets it ready for smog, does the salvage stay for life? Such as when vehicles are totaled by insurance companies?
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Old 09-15-2013, 05:15 PM   #42 (permalink)
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Frequently Asked Questions (Part 1)

Quote:
Question: Who is responsible for obtaining a Smog Check when a vehicle is sold?

Answer: Section 24007 (b)(2) of the Vehicle Code states it is the responsibility of the seller to provide a valid smog certificate at the time of delivery of the vehicle.

Question: I just purchased a vehicle and the seller did not provide a Smog Check certificate. The vehicle needs repairs in order to pass. What should I do?

Answer: Go back to the seller, inform them about Vehicle Code section 24007 (b)(2), and try to work things out amicably. If that fails, you have the option to pay for the repairs and the Smog Check yourself, and then take the seller to court to recover your costs. Although the law clearly supports the buyer, collecting on a court judgment can be difficult. The amicable solution is usually best. If the seller is a state-licensed auto dealer, buyers have the additional option of filing a complaint with the DMV, which regulates new- and used-car dealers.
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Old 09-15-2013, 05:20 PM   #43 (permalink)
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okay so in CA,

you cannot sell a car that cannot be smogged. doesnt matter what state the car is registered in, doesnt matter if its non op.

the only way to sell a vehicle with a smog cert. is if it has a salvage title.

is this correct?




how do you salvage title a car? and once you do, whats the consequences?
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Old 09-15-2013, 05:22 PM   #44 (permalink)
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Quote:
Originally Posted by wizard_Drd:20964817
so much wrong info in this thread. Read the actual law people. It's been posted here a lot.

A bill of sale with "as-is" won't work
A non-op registration won't work

The only way is for the seller is to get a salvage certificate prior to selling.
Truth!!!!!!!!!!!!!!!!!!!!!

If you want to sell a non runner, don't sell it to a shit head. If you are flipping cars, get it smogged yourself!!!!
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Old 09-15-2013, 05:22 PM   #45 (permalink)
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It's california - the fuck do you expect? that state is flat broke and will be the next detroit
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Old 09-15-2013, 05:24 PM   #46 (permalink)
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okay so in CA,

you cannot sell a car that cannot be smogged. doesnt matter what state the car is registered in, doesnt matter if its non op.

the only way to sell a vehicle with a smog cert. is if it has a salvage title.

is this correct?




how do you salvage title a car? and once you do, whats the consequences?
If you want to bring it back to road use it requires a brake and lamp chp test in addition to std stuff.

If you are considering doing this, take the 45 minutes to read the law. It is online and fairly easy to figure out.
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Old 09-15-2013, 06:06 PM   #47 (permalink)
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Originally Posted by a2b View Post

the only way to sell a vehicle withOUT a smog cert. is if it has a salvage title.
That's the law, apparently.

But almost every single Californian who's posted in this thread, has purchased a California vehicle in California, without a cert... and i personally have done it multiple times.

People in California don't all observe the CVC posted on the dmv.ca.gov website. It's there to lawfully protect those who are victims of sleezebags. The majority of the reason that law has even become necessary to stipulate is, the sleezebag used car dealers from decades ago.

Now, since every other Joe Schmoe has decided (from decades ago when it was easy-peasy) to become a used car flipper... this law is there to protect those buyers from the individual sleezebags.
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Old 09-15-2013, 06:14 PM   #48 (permalink)
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Or go to the nearest red carpet or look for the many lowered chevy silverado in the parking lot of the pisa mechanics shop an pay the tweeker tech 100 on top of fees to pass it, ive done it before.
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Old 09-15-2013, 06:30 PM   #49 (permalink)
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if the seller of a vehicle is responsible to have it smogged before selling it, then how do people sell projects with no motors?

how do you sell a car you can't afford to fix but they buyer can fix?

this doesnt make sense.

that means, i could buy some 80's car off craigslist that doesnt even run. put a new motor in and what not for 10 grand, then sue that person for 10 grand?

surely that is not the actual law? there has to be some sort of common sense here
Register it as non op for $20 dollars. Then who ever registers it as operational is the one that has to get it smogged. You do not need to make a car as a salvage title to sell it. Non-op is all you need to do.


Other exceptions:

Smog inspections are required unless your vehicle is:

Hybrid
Gasoline powered 1975 year model or older
Diesel powered 1997 year model and older or with a Gross Vehicle Weight rating (GVWR) of more than 14,000 lbs
Electric
Natural gas powered with a GVWR rating of more than 14,000 lbs.
Motorcycle
Trailer

I have sold 2 vehicles as non-op because I knew they would not pass smog, no big deal. They ran and when that person goes to register it, it falls on them.
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Old 09-15-2013, 06:57 PM   #50 (permalink)
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If it doesn't have a motor it should pass smog with flying colors.
Nope. It'll fail for lack of emissions.

It's why you can't convert a ICE to a electric motor on cars in California.
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