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-   -   I can't believe this is happening to me (http://forums.pelicanparts.com/porsche-911-technical-forum/473612-i-cant-believe-happening-me.html)

911mnypt 05-09-2009 02:30 PM

I can't believe this is happening to me
 
The story begins with me attempting to do my bi-annual smog on the 911. A little history first…I bought the car from a local dealer in May 2007, who specifically sells Porsches and BMW’s. Nothing unusual about the purchase other than the documentation took forever to process. Since the car was not plated, I had to take it to the DMV and have them inspect it. There was never any mention of the car being a “grey market” and I only found out about it from one of our Pelican comrades.

The first test failed, which I had a feeling it would. I then took it over to Frank’s Automotive and had a new smog pump installed along with duming down the timing and fuel mixture. Frank’s took the car back to the smog place and it passed just fine…so you would think that all is well? NOT. The smog tech said he can not perform an official smog test because this car is a “grey market” car and does not have its inspection/vin sticker in the door. He also looked into the smog history of the car and said that it has never passed smog in the state of California. My next step was to call DMV and set up an apt with the State Referee so he can inspect and perhaps sticker the car. I met with them yesterday and they seemed perplexed on how I got my original plates and what is a smog pump doing on a 1980 911. I tried telling him that this car was federalized when it was brought into the US because it has a smog pump, catalytic converter…one inch bars welded into the doors, but he said you need to take it down to our smog lab in NAPA and have the car analyzed.

Thinking that I was duped by the dealer I called the Bureau of Automotive Repair and seeked advice on my options. They looked into the history of the car and showed that smog test was performed in 2003, 2005 and in 2007 all failed. They advised that I file a complaint with the DMV investigator and BAR to cover me just in case.

I called the dealer who is just as perplexed as I am about the situation. He says he has the smog cert and all the proper documentation that he submitted to the DMV. He also said that he bought the car from Brasher’s in Sacramento and can’t imagine they would do something hanky. We plan to meet next week so I can obtain the documents and plead my case to someone?

At this point I do not know where I can turn to or which direction this will go. Needless to say, I am very disappointed and upset with this whole situation. How can the DMV send me my registration and plates back in 2007 without smog cert and validation of Federalization? This just does not make sense to me at all….

Brother 05-09-2009 02:53 PM

Time to leave California.

gerlando 05-09-2009 02:54 PM

It's been a while since I lived in CA, but isn't it the sellers responsibility to smog a car that is sold? You should have some legal recourse as the vehicle (as stands) wasn't legal for sale in your state.

mca 05-09-2009 02:55 PM

government at its finest

glad we don't have to deal with inspections in south carolina!

911mnypt 05-09-2009 03:35 PM

Yes, it is the sellers responsibility to smog the vehicle...especially a dealer. I am tired of all the regulations here...all I hear is a sucking sound...sucking money out of my wallet.

Porsche-O-Phile 05-09-2009 03:41 PM

+1 to both of the above. Yes, it's the seller's responsibility and yes, it's time to get off this sinking ship of a state before it completely goes underwater. Believe me, I'm looking right now. The first chance I get to bail on CA, I'm vapor.

jjrowe 05-09-2009 03:55 PM

I don't get it. So the dealer has a smog cert from 2007 because they had to to sell you the car and change registration or.. the DMV messed up and they registered the car without it passing smog. Something does not add up here

Jesse

DARISC 05-09-2009 04:27 PM

I hope you get this straightened out. My '82 SC is a grey market car imported into CA in '83 w/smog pump and cat and has, for the past 199k miles, passed smog tests here in CA, the last 3 of which were under my ownership.

KNS 05-09-2009 04:52 PM

California's air quality regulations are going to work their way towards many more states in the coming years. Glad I don't live there anymore, Arizona is not that bad... yet.

kodioneill 05-09-2009 04:57 PM

Quote:

Originally Posted by brother (Post 4654878)
time to leave california.

amen

911mnypt 05-09-2009 05:00 PM

Quote:

Originally Posted by DARISC (Post 4654976)
I hope you get this straightened out. My '82 SC is a grey market car imported into CA in '83 w/smog pump and cat and has, for the past 199k miles, passed smog tests here in CA, the last 3 of which were under my ownership.

Do you have the silver sticker on the inside of the drivers door?

Yes, the seller says he has the smog cert from 2007 which Brasher's did and the DMV says no smog ever done on the car in 2007.

Yes, am tired of California...its a beautiful state to live in but its getting tougher and tougher each day.

DARISC 05-09-2009 05:28 PM

Quote:

Originally Posted by 911mnypt (Post 4655028)
Do you have the silver sticker on the inside of the drivers door?

I just looked and shot these, the 2 stickers on driver's door jamb. Hope this helps.

http://forums.pelicanparts.com/uploa...1241918805.jpg

911mnypt 05-09-2009 05:32 PM

Quote:

Originally Posted by DARISC (Post 4655065)
I just looked and shot these, the 2 stickers on driver's door jamb. Hope this helps.

http://forums.pelicanparts.com/uploa...1241918805.jpg

Thats what I am missing...I know the car was repainted, maybe they were removed and never put back on?

Thanks for taking the pics.

DARISC 05-09-2009 05:35 PM

Quote:

Originally Posted by 911mnypt (Post 4655068)
Thats what I am missing...I know the car was repainted, maybe they were removed and never put back on?

Thanks for taking the pics.

I had the same thought. Mine was repainted also, but the painter has painted many Porsches and obviously was aware of the importance of these stickers.

Damn! Good luck!

Zeke 05-09-2009 05:37 PM

Play dumb and bewildered. Let them figure it out. Keep track of your paperwork and when you go to anyone, referee or whomever, just hand them the folder and tell them you have no idea what is going on. Get each person to put down in writing what you need to do. Really. Just tell them you're stupid or something and need that direction. Keep driving the car as usual. If you can't/don't get a new tag, just hand the folder to the cop if he stops you.

That's all you can do with the government. They like to play the paper work game, so play it along with them and have fun. If you send in your fees as they come due, there's not a damn thing they can do and no interest and/or penalties will be owed.

In case you're not getting my drift, you're pointing your finger at all others. You're the victim. Hell, in my case, I'd suggest to all concerned that they might be subject to elder abuse if they can't accommodate. ;)

Then there's always the slick smog guy. But, unless you can find him each and every time, it's no use.

911mnypt 05-09-2009 05:58 PM

Thanks Milt...I think that is the route I will take. Once I get the smog cert in hand from the dealer, I will hammer the DMV.

tomphot 05-09-2009 06:38 PM

Quote:

Originally Posted by milt (Post 4655081)
Then there's always the slick smog guy. But, unless you can find him each and every time, it's no use.

Bingo - cost me $150 for my last (forever) Smog test in GA.
Finding THE guy works out well.

Wayne 962 05-09-2009 11:10 PM

If the car actually did not pass smog correctly when you bought it, then the dealer is liable, and can be forced to purchase the vehicle back from you. The law is very clear on this.

-Wayne

emcon5 05-09-2009 11:54 PM

Quote:

Originally Posted by Wayne at Pelican Parts (Post 4655405)
If the car actually did not pass smog correctly when you bought it, then the dealer is liable, and can be forced to purchase the vehicle back from you. The law is very clear on this.

That part confuses me. All the smog machines phone home to the DMV when you have the test, and have for a long time. Haven't had to produce a smog certificate for a renewal in years, they already had it. Does the DMV not do the same checks with a transfer? He never should have got his registration after buying the car if they didn't have a smog check.

Something weird is going on here.

porschenut 05-10-2009 07:16 AM

Quote:

Originally Posted by emcon5 (Post 4655422)
Something weird is going on here.

That should be on every California license plate.


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