Q: In bakersfield Ca can a car dealership sale me a car i paid cash for 7000.00 and not have it smogged within the 90 days.
A:
I started to look up all the rules relating to dealerships selling used vehicles. After 12 pages, I stopped. The Vehicle Code, Sections 11700 - 11740 cover sales by dealers. You can look it up yourself or contact another dealer to see if they will answer your question. There is one section I found that said the dealer cannot offer a car for sale that does not comply with the equipment requirements stated in other sections of the VC. I never got to a part that said he needed to pre smog the car. The DMV or AAA would have an answer to this question. If the dealer sold you the car without smogging it and the car failed the smog test, you could have a fraud claim against the dealer . Dealers must post bonds, against which you could also go if you are successful on a fraud claim.
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A: The general rule is PRIOR to the sale the seller must smog and this "duty" to smog may not be transferred to the buyer or anyone else, it non-delegable, even for a million dollars, BUT, there is a little known, even by dealers, exception, FOR dealers, bringing that up to TWO Years time. BUT, since dealer apparently sold it to you without smogging it, and likely charged you for the smog, like they all do, and apparently did not deliver title, which is a big no no, you have claims. Good luck with it...
Maurice Mandel II agrees with this answer
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