buying a used car in CA from a private seller: Do I need to get the car re-smogged?

RIGorous1

Platinum Member
Oct 26, 2002
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Hello all,

I've decided to buy a used car and a friend of mine said that I will have to get the car smogged again as soon as the title changes, even though it was smogged 2 months ago by the previous owner.

Is this true?

Are there any other things I should consider before I plop down my money to buy this car?
 

Maximus96

Diamond Member
Nov 9, 2000
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yea make the seller smog it. also, consider bringing it to a mechanic, unless you know how to spot trouble areas yourself.
 

RIGorous1

Platinum Member
Oct 26, 2002
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well he smogged it 2 months ago, so does that count or does he have to do it again?

Also does he have to smog it or is it my problem?
 

RIGorous1

Platinum Member
Oct 26, 2002
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Originally posted by: zaku
yea make the seller smog it. also, consider bringing it to a mechanic, unless you know how to spot trouble areas yourself.

thanks for the tip. Yeah I brought my own mechanic over to check it out... everything is A-ok except for a small radiator leak. BTW I'm buying a 1998 saturn with 80k on it. These things will go 100k without any trouble right?
 

RIGorous1

Platinum Member
Oct 26, 2002
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Originally posted by: Yossarian
you don't. the seller has to have it smogged before he sells it though.

is this law? if so this could be a bargaining chip to get the price lower. :)
 

RIGorous1

Platinum Member
Oct 26, 2002
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Originally posted by: aphex
re-smogged? wtf is that?

in California you have to have your car smog checked if its more than 4 years old. Every year (I think).

So I"m asking if I have to get it smog checked again once the title has changed.
 

goodoptics

Platinum Member
Aug 18, 2000
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Originally posted by: RIGorous1
Originally posted by: aphex
re-smogged? wtf is that?

in California you have to have your car smog checked if its more than 4 years old. Every year (I think).

So I"m asking if I have to get it smog checked again once the title has changed.

http://www.smogcheck.ca.gov/StdPage.asp?Body=/Smogcheck/doineed.htm



Also, I found the followings on smog-n-go.com

Q: How long is a Smog Check certificate valid?
A: Section 44015 (e) of the California Health and Safety Code states that a Smog Check certificate of compliance or non-compliance is valid for 90 days. back to top

Q: Who is responsible for obtaining a Smog Check when a vehicle is sold?
A: 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." back to top

Q: I just purchased a vehicle and the seller did not provide a Smog Check. The vehicle needs expensive repairs in order to pass. What should I do?
A: 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 Small Claims Court to recover your costs. Although the law clearly supports the buyer, collecting on a small claims judgment can be difficult, so 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. back to top

http://smog-n-go.com/faq.php#a3




 

RIGorous1

Platinum Member
Oct 26, 2002
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Originally posted by: RIGorous1
Originally posted by: aphex
re-smogged? wtf is that?

in California you have to have your car smog checked if its more than 4 years old. Every year (I think).

So I"m asking if I have to get it smog checked again once the title has changed.

You spears and optics were right! if its within 90 days then its still good. Thanks all.

dmv

Also according to that link smog is biennial or every 2 years not 1.
 

deadlyapp

Diamond Member
Apr 25, 2004
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yeah, in WA we have to have an emissions check before the title may be transferred, but there should be a grace period, not sure how long it is though.
 

her209

No Lifer
Oct 11, 2000
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I've never heard of that. I do know you're required to run a smog check on your car every 2 years.
 

blahblah99

Platinum Member
Oct 10, 2000
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No you don't. Just make sure you get the smog reciept and certificate from the seller and report it to DMV before 90 days up from the certificate.