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September 18, 2000
Buyer
Beware!
Make sure the vehicle
you're buying passed Smog Check
State Law Puts Burden of Proof on Sellers in Private Party Sales
(Sacramento) -- The Department of Consumer Affairs/Bureau of Automotive Repair (DCA/BAR) wants to remind people who purchase vehicles from private parties to make sure the seller gets a valid smog certificate for the vehicle before any money changes hands.
The law states that the seller is responsible for ensuring the vehicle has a current, valid smog certificate before selling it (this often goes overlooked in sales between private parties).
There are now two different types of Smog Check inspections being conducted in California.
People who purchase vehicles registered in the smoggiest, or "Enhanced," areas need to know that those vehicles must pass dynamometer smog inspections before they can be registered. This could inconvenience someone who lives outside the Enhanced Areas and who has purchased a vehicle that the seller did not smog.
Even buyers in Enhanced Areas should be careful. A buyer could face expensive repairs if they don't ensure that the seller has had the vehicle smogged and that any necessary repairs have already been made.
Sellers are required to provide buyers with evidence that the vehicles they are selling have been smogged. The best evidence is a copy of the Vehicle Inspection Report (VIR) showing a certificate has been transmitted to DMV within the last ninety (90) days. After 90 days, a smog certificate is no longer valid for purposes of changing ownership of the vehicle, and a new smog inspection must be completed.
Most financial institutions also now require the seller to get a Smog Check for the vehicle before completing the loan.
This only applies to sales between private parties. People who sell their vehicles on a trade-in to dealers are not required to have the vehicle inspected first. Dealers, however, must then provide buyers with proof of compliance.
Consumers who need further information can call the DCA/BAR Consumer Hotline toll-free at 1-800-952-5210.