

| Subject: | Re: 83 waterboxer full westy for sale $2,750 in SF Bay area |
| From: | Jeff Oxroad |
| Date: | Wed, 6 Jul 2005 14:24:07 EDT |
Just FYI. In California the seller of a vehicle is required to have a current SMOG certificate for the vehicle from a test done in the 60 (maybe 90) days prior to sale. If the vehicle is sold without a current SMOG certificate the new owner is legally entiled to the cost of the test and ANY REPAIRS necessary to make the vehicle smog legal--paid by the seller of the vehicle. I've seen a couple of people burned on this selling a vehicle marked as "AS IS" even in the sales contract and later sued by the new owner for all repairs necessary to bring the vehicle up to SMOG standards. One vehcile was an old Honda Accord sold for $500 AS IS. The new owner won $3500 in court for repairs, car rentals while the repairs were performed. Part of the settlement was to return to the car to the previous owner as even after repiars it never passed SMOG. Another was an old Cadillac, and same deal. Car sold for $900 AS IS. In small claims court new owner won a judgement for $2800 in repairs. Both of these cases were in the last 4 years. Both cars were sold AS IS. The court in each case says AS IS does not exclude the seller from responsibility to get SMOG certificate before the sale. I know many vehicles are sold privately in CA without SMOG certificates. But of course as the new owner you need to get the vehicle SMOGged to complete the registration process. In many cases the new owner pays for the SMOG test with no reprocussions. But again this is just an FYI. Because it can get ugly. I assume CA is encouraging people to junk older vehicles rather than sell them. CA is kind of screwy. Best, Jeff 83.5 Westy LA,CA In a message dated 7/5/2005 3:29:42 PM Pacific Standard Time, craigoda@GMAIL.COM writes: For sale without SMOG certification.
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