Legal Question in Civil Rights Law in California

Legally, it's the seller's responsibility to smog the car before the transaction is completed. You can return the car and have your money returned, as the transaction is void because the legal condition has not been satisfied. If he still refuses, you might notify the DMV and/or Bureau of Automotive Repair. If that fails, you might have to take him to small claims court. There are certain limitations on which cars need smog tests, though. Go to http://www.dmv.ca.gov/vr/smogfaq.htm for further information.

Either work it out with him to pay it or rescind the deal, or you could bring suit in small claims court for the cost of smogging. The seller is always responsible to provide a smog certificate, unless the vehicle was sold with a written bill of sale specifying it was 'as is', would not pass smog, and was a parts car not to be driven. If you signed a bill of sale agreeing to waive and pay smog and smog repairs, it is your problem.