Legal Question in Traffic Law in California

If I sold a vehicle and have signed contract

If I sold a vehicle and have signed contract with buyer that buyer assumes responsability and cost for smog and registration, and car is SOLD AS IS, and told reason why didnt pass smog and didnt know what needed to be done, and reinterated over and over and showed smog slip.....and fully disclosed all knowledge of vehicle...........and they went and had troubles smogging and want money back....either that or the expired out of state washington plates.....am I liable to give plates so they can drive expired....and in the state of california and having the signed contract saying buyer is responsable for smog and registartion costs and processs.........in small claims would I be liable for repairs or cost of car? Thanks in advance, I think I have full covered myself, let me know thanks!!


Asked on 12/19/05, 11:28 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: If I sold a vehicle and have signed contract

In a nutshell, the answer to your question is "yes", you as the vehicle seller in california MUST have the vehicle smog checked/repaired, and such a responsibility cannot be contracted out to the buyer unfortunately. This is strict liability. However, if you have more information regarding the sale, we may be able to assist you. For a free consultation, contact us directly.

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Answered on 12/21/05, 9:45 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: If I sold a vehicle and have signed contract

You lose. In California the seller has to smog the car. Even if you got the buyer to sign something that says otherwise.

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Answered on 12/21/05, 9:46 pm


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