Q: How can I legally sell my vehicle in California when it cannot currently pass SMOG?

A: The DMV website has the rules. Basically, you can sell it "non - op" or "for parts only" and that should suffice, but, yes, it must be disclosed...

A: In California, you have a few options for legally selling a vehicle that cannot pass the required SMOG test:

1. Sell the vehicle with a valid smog certificate: If your vehicle's smog certificate is still valid (it was issued within the last 90 days), you can legally sell the car with the current certificate, even if it would not pass a new test. However, you should disclose the known issues to the buyer in writing.

2. Obtain a repair cost waiver: If the cost of repairs to bring the vehicle into compliance exceeds a certain threshold ($450 for 1976-1995 vehicles, $650 for 1996 and newer vehicles), you may be eligible for a repair cost waiver from the Bureau of Automotive Repair (BAR). This waiver allows you to sell the vehicle without passing smog, but you must provide the buyer with a copy of the waiver.

3. Register the vehicle as Planned Non-Operational (PNO): If you register the vehicle as PNO with the DMV, you can sell it without a smog certificate. However, the buyer will need to obtain a smog certificate before they can register the vehicle for operation on public roads.

4. Sell the vehicle to a licensed dismantler or junk yard: If the vehicle is not worth repairing, you can sell it to a licensed dismantler or junk yard without a smog certificate.

Regardless of the option you choose, it is important to disclose the vehicle's known issues and repair needs to the buyer in writing. This transparency helps protect you from potential legal issues in the future. It's also advisable to include an "as-is" clause in the bill of sale, indicating that the buyer accepts the vehicle in its current condition.