Legal Question in Real Estate Law in California

Auto sale for vehicle with non operational status and no smog cert.

I recently sold a motor home with a non operation status certificate on it. It was not currently licensed with the DMV. The buyer and I agreed they would take it as is and would cover any needed smog costs. They clearly understood the vehicle was not currently licensed for the road in California and had a current non operation certificate on file for it. Three weeks later they are trying to have me pay for the repairs to get the vehicle road ready and smog ready. Do they have any grounds?


Asked on 5/05/09, 2:53 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Auto sale for vehicle with non operational status and no smog cert.

Depends upon the specific terms of your written Bill of Sale. Unless you can show that to the court to prove the vehicle was sold 'as is, where is' and that it was sold as 'non-op' without smog cert available, the law allows them to collect from you the cost of repair to pass smog. Your word doesn't count without written proof.

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Answered on 5/05/09, 7:12 am


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