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Jared at Pelican Parts's Avatar
 
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question regarding selling a car and CA smog liability

Long story short, I sold a car out of state that needed work to pass CA smog. The new owner is adamant that I pay for some of the repairs. Just wondering if any of you guys know off hand if I am liable for these repairs despite selling the car with an "as is" bill of sale.


Figure someone here might have some idea or where to look in the vehicle code.

Old 08-30-2006, 03:55 PM
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Did you divulge everything to him? Then I don't think you owe him anything. Just my 2 cents.
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Old 08-30-2006, 04:00 PM
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No idea where to look specifically, but the buyer (presumably from Cali?) is basing his expectations on California law. There, the seller is responsible for making sure the car passes smog within 30 days prior (or something like that) to the sale. I don't recall Oregon having any law like that. Since you sold the car in Oregon (I'm assuming the guy picked up the car from you, there), I don't think you're under obligation to fix the car. That's what it means when you sell/buy a car "as is." After all, had you known that it would cost x amount of dollars to fix the car (that the guy says you're liable for), would you have raised the selling price to reflect that? How are you supposed to smog the car in Oregon before selling it to the California guy, anyway? That's his risk, and every California car buyer should realize that.
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Old 08-30-2006, 04:03 PM
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What Noah930 said, if he wants to take it to CA, that's his problem.
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Old 08-30-2006, 04:06 PM
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You owe him nothing, unless both of you live in California, which you don't
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Old 08-30-2006, 04:56 PM
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You sold the car as is and if he knew this to begin with then it is his responsibility. The state of CA offers help to pass smog, they have an emissions program available that pays somewhere around $500 that you could direct him to.
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Old 08-30-2006, 05:01 PM
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Did you deliver the car to him in California? I'm no lawyer, but i don't think the rest of the US is subject to the CVC........ Unlees the transaction took place in California, you are not subject to California law any more than he is subject to Canadian law (read: not at all). Just curious- was this a Porsche? I would like to think Porsche owners are smarter than that.
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Old 08-30-2006, 10:27 PM
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Quote:
Originally posted by Hugh R
What Noah930 said, if he wants to take it to CA, that's his problem.
Assuming you are not a California resident and had no knowledge the car was being sold to be registered in CA, +1.

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Old 08-31-2006, 05:38 AM
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