Redlands, CA asked in Small Claims and Gov & Administrative Law for California

Q: Can a person sell a car that won't pass smog or didn't sign bill of sale

I was promised that it would pass and that he'd fix anything that was wrong with it to be reliable

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, selling a car that won't pass smog or without signing a bill of sale is generally not recommended and can lead to legal complications. The state has specific regulations that govern the sale of vehicles, and failure to comply with these regulations can result in fines, penalties, or legal action.

Under California law, a car must pass a smog test before it can be sold. If the car fails the smog test, the seller is required to disclose this information to the buyer. In some cases, the seller may be required to make the necessary repairs to bring the car into compliance before the sale can be completed.

Additionally, California law requires a bill of sale to transfer ownership of a vehicle from the seller to the buyer. The bill of sale should include important information such as the purchase price, the names and addresses of the buyer and seller, and a description of the vehicle. Failure to sign a bill of sale can complicate matters if there are any disputes or legal issues that arise after the sale.

If you were promised that the car would pass smog and that any necessary repairs would be made, but this did not happen, you may have legal recourse. In California, the seller is required to disclose any known defects or issues with the vehicle. If the seller failed to disclose this information, you may be able to take legal action to recover damages.

In summary, it is not advisable to sell a car that won't pass smog or without signing a bill of sale in California. If you are buying or selling a vehicle, it is important to comply with state regulations and to seek legal advice if necessary to ensure that you are protected.

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