Legal Question in Administrative Law in California

California Vehicle Code Smog Check Requirements for Transfer of Title

I sold a 2001 GMC Sierra with 108k miles on it on December 4th, 2006. I did not provide the buyer with a smog check pass certificate from within 90 days before the sale. Since then, the new owner has driven over 5,000 miles on the truck and is now saying that it won't pass a smog check and it would if it had the catalytic converter replaced and he wants me to pay for it because I did not provide a smog check pass certificate at the sale. I know this is my obligation as the seller under the California Vehicle Code. Is there a statute of limitations on this case? Also, the new owner claims he never turned in the transfer of title paperwork (which is his duty to do within 10 days of the sale under the California Vehicle Code). Is there some way that I would win this case if it went to trial?


Asked on 4/11/07, 1:46 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: California Vehicle Code Smog Check Requirements for Transfer of Title

If you didn't submit your portion of the transfer of title notice to DMV at the time, shame on you and too bad. Get it done ASAP. Until DMV receives proper notice of transfer, you are still the owner of record and liable for any damage or injuries the 'buyer' causes.

As the seller, you are obligated to provide smog clearance, and can be sued for the cost of compliance. There is a statute of limitations on it, but it would be at least a couple years, maybe as long as four, so that is not going to save you from your errors here. Negotiate something with the buyer on the cost, and get out of this mess.

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Answered on 4/11/07, 1:10 pm


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