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smog check problem

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Old 06-27-2007, 08:56 PM
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threetothefour
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Default smog check problem

i know it's not relate to 350z well i just got a 350z.
but before i bought the Z, i had prelude. that thing gave me problems. i swap the engine since engine was blowed. shop told me that they swapped the USDM engine. that car's cat was broken, so before i sold the car, i fixed everything that they told me to fix. and i sold my car. but i forgot to smog pass the car. and now the guy who bought car, he keep calling me to fix that car and asking me money or he want to return car. i sold it more than a month ago and he got the his owner registration for that car. but he still cant pass the smog and keep calling me and bugging me about this...
what should i do??
what i am planning to do is that i told him to sign the paper that it says after the car passed smog, i would not have any problem with that car whatsoever.
and pass it illegally.
do you guys have any idea about this?
Old 06-27-2007, 09:02 PM
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NGZ
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Used cars are sold as-is in CA. I don't believe the lemon law applies for used car sales (unless they have some kind of certification that I can't remember right now). That means that after it's sold, you are not liable for anything anymore

However, in CA the seller is reponsible for smogging the car (http://www.dmv.org/ca-california/smo...Requirements):
Title Transfer and Smog Requirements
When you sell a vehicle that is four or fewer model years old, a smog certificate will not be required in order to transfer the title. The buyer will be charged a smog transfer fee of $8. If the vehicle sold is more than four model years old, the seller must provide evidence of a current smog certification except in any of the following situations:

* The vehicle transfer occurs between a spouse, sibling, child, parent, grandparent, or grandchild.

* The vehicle was registered and biennial smog certification was submitted to the DMV within 90 days before the date the title transfer took place. A vehicle inspection report may be required for proof of certification.
But, I have a friend who sold his car with an agreement with the buyer that the buyer was responsible for smogging the car. I don't know if any buyer-seller agreement can supercede the CA law though.
Old 06-27-2007, 09:06 PM
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NGZ
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http://www.normantaylor.com/faq.html:
Do used cars qualify under the Lemon Law?
YES. A used car can qualify under the Lemon Law as long as it was sold with a written warranty and the vehicle was purchased primarily for personal, family, or household purposes. Sometimes a used vehicle is sold with two warranties, one from the dealer and one from the manufacturer.
If the vehicle was sold "as-is" or "with all faults" the Lemon Law probably will not apply, unless the vehicle was a former "lemon law buyback" and this was not properly disclosed to the purchaser.
Old 06-27-2007, 09:11 PM
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NGZ
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One more link, DMV's bill of rights for car buyers:
http://www.dmv.ca.gov/pubs/brochures...cts/ffvr35.htm

A new law establishing the Car Buyer’s Bill of Rights substantially impacts the purchase of new and used vehicles. The law, which takes effect July 1, 2006, affects retail vehicle sales handled by licensed car dealers in California. This law does not apply to motorcycles and off-highway motor vehicles or to transactions between private parties.
Old 06-27-2007, 09:16 PM
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NGZ
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BTW, I may not know what I'm talking about I'm not qualified to give legal advice... just have some info from my past experiences.
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