Quote:
Originally Posted by motoyoyo
My question is how is the seller obligated to provide this if the sale has been completed without addressing the smog certificate? There is no mention on the DMV site of how or if they actually enforce this "obligation".
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The obligation is enforced by you
before you pay him the money. Just like you wouldn't pay him before he gave you the pink slip, you shouldn't pay before he gives you the smog certificate. It's part of the deal.
If he doesn't agree to do it, you would have to sue him, to rescind the contract. You'd probably win, but unless there is something in the statute or your contract which gives you the right to recover attorney's fees, even if you win, you would not be able to recover your attorney's fees spent in winning. So a "win" could end up being a loss.