[RWebb]

both the above are generally true, assuming there is no specific contract provision allowing unwinding of the deal

but... what is the penalty for not smog certifying the car?

sounds like Calif. has a law that may take precedence -- at a guees, your BIL might have to pay to get the car repaired to meet smaug

but he'd have to do that regardless of the oil issue, right?

your BIL needs to figure out the smaug thing so the dragon won't bite him in the azz