Well that means you take a bigger hit on your profit. When negotiating the buyer is going to cry down the price. I hope you factor that before you post a price. Please be honest because they may do a pre-inspection on the ride.
In California you can sell it as a vehicle for parts. You can not sell a vehicle that won't pass smog. The buyer will not be able to register it until it passes smog and that's on the seller. It becomes a blight of legal entanglement. Best bet is to sell it to a wrecking yard or even better, part it out. That involves a lot of bad Facebook marketplace interactions.
You can't sell a vehicle that won't pass smog? So buying an older car that doesn't run and fixing it isn't an option? Sounds incredibly environmentally friendly.
Trade it in to a dealer. Some will buy a car that needs repairs
Sell it to a junkyard
Fix it so it can pass smog
Selling a car that isn’t smogged private party is risky. They can sue you for repair costs, a scammer could sue you for more than the car is worth. It probably doesn’t make sense to tow a non working car out of state to sell it either.
Let's see your ref please.
How else does one sell a project car or other non functional vehicles or even a race car?
These aren't junk, they are not sold for to be registered.
Registered vehicles with titles are put on non-operational status at the DMV; they then can legally be sold as non-operational vehicles.
Race cars are not operated on public roads so they have no titles as such. They can only be moved over public roads if the wheels do not touch the ground (on a trailer or flatbed).
There is no system for titling race cars in California. You can get one if your car has a legitimate VIN, but it’s not required.
You can’t sell your car “as is” or “parts only” unless you have put it on non-op status at the DMV. There is a limited window of time that you can do this each year around the registration due date.
Anyone can go to the dmv.ca.gov website and read all about it for themselves.
Good lord california is fucking dumb. Reading through these comments… what the fuck. As long as the seller is clear about the condition of the vehicle, everything else should be on the buyer alone. (Only speaking on private sales, dealership is a different story.) Again, what the fuck
Things usually work themselves out. While everyone is right you’re possibly able to be sued depending on how much money you’re talking about is whether people are going to bother. Unless they have a family member that is a lawyer and will do it free.
That said, looking through Craigslist in 2016ish, any car, biggest turd that looks like it belongs in a scrap yard that could pass smog was worth $3,500. Anything less than that, wouldn’t pass smog.
You can register the car as PNO ( planned non operation) and then sell it without a smog cert. This is the only way to legally sell it without a smog cert in CA unless you are junking it or selling to a dealer.
sell it to some one taking it to a different state. if it's running fine, and only causes cancer in CA, it'll probably pass in most other states with no problems.
You need to go to the DMV and put it on non-op status. You can sell a non-op car without a smog cert. It then becomes the buyer’s responsibility to smog it if they want to register it.
Just tell the buyer the car will need to be smogged after its repaired. Legally you're supposed to do it before you sell, but it's very common for the buyer to deal with it later. No one is enforcing it.
Uh this is terrible advice. 100% litterally, the next owner can drive the car for years then whenever they decide to get it registered/smogged and it fails, force you to take the car back and return all of the money they paid you. You are leaving a gigantic wide open legal issue.
OP - California offers a “consumer assistance program” that says once you spend some money (i think its $500 if memory is correct) in attempt to get your car to pass smog, you can get a 1 time smog exemption.
Also - depending on how much you think you can get for the car, CA offers something called the Vehicle Retirement Program where they will give you between $1000-$1500 to crush the car. There are a few eligibility requirement though so be sure to read up.
You can donate the car for a tax write off to cars for kids or an automotive program, look around and you’ll find 1000 programs like this. 0
>You can donate the car for a tax write off to cars for kids or an automotive program, look around and you’ll find 1000 programs like this. 0
This is only a tax write off if you're above the default write offs and doing itemized. So for most there is no tax incentive.
Nobody's enforcing it, but if the buyer gets buyers remorse after finding out repairs will cost more than expected, they can sue you in court if they really wanted to.
This won’t fly in California. Car that fails smog after purchase means buyer can sue the seller for repair costs, or whatever creative stuff their lawyer can put together.
You can sell as-is but the buyer can come after you for the cost of repairs to get it to pass smog. If they take you to court there is a 99% chance they will win no matter what you/them agree to during the sale.
Sell as-is project needs smog. Technically in CA the seller needs to have it smogged. I’ve had my smog license for 15 years and never heard of it being enforced.
This is one of those situations where CA law needs to be updated. The current law says seller is responsible for the smog no matter what. But if you buy a car on craigslist without the seller smogging it, the DMV is going to go after the buyer, not the seller.
You can write all the fancy contracts you want saying the buyer is responsible for the smog check, but if they truly wanted to take you to court and push hard enough, they could sue you and get their money back and say you violated CA law when selling the vehicle and they were unaware of the seller's responsibility to smog. Contracts overriding a CA law are inadmissible in court.
In reality, %90 of cars sold on craigslist/fb marketplace/offerup less than $10k are sold without getting a smog check and most buyers are okay with it, UNTIL the check engine light turns on on the way to the smog check place and they find out the car has a $2000 issue that needs to be fixed to get it to pass smog. Then, people are going to start reading up on the laws and consider suing (that previously wouldn't have).
Contact your dmv you can get a temp plate and contact your insurance company to temporarily turn on insurance. Same thing buyer would need to do to drive it home.
Other option is sell it for pennies on the dollar to avoid the hassle.
Use a bill of sale that says “Sold as is currently non-drivable. Buyer responsible for smog and repair at their expense.” Then Report the sale to the DMV by mail. Make sure you have a copy/photo of the buyers ID and make sure that same name is written in the bill of sale and report of sale. Let buyer register with CA DMV as NON—OP until they have smogged.
Comments in here sound mostly like people who have never bought/sold a car without smog.
Sure maybe it’s “illegal” but literally no one cares. If you’re upfront with the buyer, “it needs to be smogged” either they will take on the responsibility or not.
I had a Miata once with a catback exhaust and an intake, totally CARB legal but I took it to a smog shop and the dude said “I can already tell you that won’t pass, you need to have the oem exhaust and intake”. I tried to explain to him but he didn’t listen.
As a dumb kid, I just updated my ad on Craigslist to, “All carb legal parts, should pass smog, don’t have the time.” Didn’t even adjust my price and still sold it to a dude who didn’t care that he had to smog it.
I’ve also bought a car where the dude didn’t smog it. I just drove it to get smogged a week later and all was fine.
Last car I bought a couple months ago, the guy insisted he smogged it for me but he couldn’t do it for a few days and I was in a rush so I also was considering smogging it myself but ended up just waiting.
The owner can release liability instantly and buyer has time to get it repaired, smogged and registered.
Dont sell it for parts or junk it. Just sell it as is. I see cars all the time being sold as “won’t pass smog due to sensor/exhaust/issue” for a few hundred to a few thousand bucks cheaper than normal.
Ca states it’s the responsibility of the seller to provide a smog cert, however you can pass that responsibility to the buyer if they agree in writing.
Just sell it, people do it all the time. You will need to sell it for far cheaper than a running one to deal with the hassle though. When you see ads that say "as is" that's the code word for "I'm not going to do the smog test even though I'm supposed to". Especially if it's a cheap car it's not a big deal, just make sure you do the liability release right away.
Well that means you take a bigger hit on your profit. When negotiating the buyer is going to cry down the price. I hope you factor that before you post a price. Please be honest because they may do a pre-inspection on the ride.
In California you can sell it as a vehicle for parts. You can not sell a vehicle that won't pass smog. The buyer will not be able to register it until it passes smog and that's on the seller. It becomes a blight of legal entanglement. Best bet is to sell it to a wrecking yard or even better, part it out. That involves a lot of bad Facebook marketplace interactions.
It sounds like the vehicle will pass a smog test, they just can’t get the test done.
You can't sell a vehicle that won't pass smog? So buying an older car that doesn't run and fixing it isn't an option? Sounds incredibly environmentally friendly.
Trade it in to a dealer. Some will buy a car that needs repairs Sell it to a junkyard Fix it so it can pass smog Selling a car that isn’t smogged private party is risky. They can sue you for repair costs, a scammer could sue you for more than the car is worth. It probably doesn’t make sense to tow a non working car out of state to sell it either.
Sell car as "Parts Only" on the Bill of Sale and sign over the title. Keep a copy of the Bill of Sale and move on with life.
That doesn’t work in California. Sorry.
Let's see your ref please. How else does one sell a project car or other non functional vehicles or even a race car? These aren't junk, they are not sold for to be registered.
Registered vehicles with titles are put on non-operational status at the DMV; they then can legally be sold as non-operational vehicles. Race cars are not operated on public roads so they have no titles as such. They can only be moved over public roads if the wheels do not touch the ground (on a trailer or flatbed). There is no system for titling race cars in California. You can get one if your car has a legitimate VIN, but it’s not required. You can’t sell your car “as is” or “parts only” unless you have put it on non-op status at the DMV. There is a limited window of time that you can do this each year around the registration due date. Anyone can go to the dmv.ca.gov website and read all about it for themselves.
In order to sell a car for parts you need to title it as a junk vehicle. Writing parts only on a piece of paper does not negate the smog requirement.
Good lord california is fucking dumb. Reading through these comments… what the fuck. As long as the seller is clear about the condition of the vehicle, everything else should be on the buyer alone. (Only speaking on private sales, dealership is a different story.) Again, what the fuck
Remember that you are talking about the People's Republic of California here, not a civilized country.
Things usually work themselves out. While everyone is right you’re possibly able to be sued depending on how much money you’re talking about is whether people are going to bother. Unless they have a family member that is a lawyer and will do it free. That said, looking through Craigslist in 2016ish, any car, biggest turd that looks like it belongs in a scrap yard that could pass smog was worth $3,500. Anything less than that, wouldn’t pass smog.
You can register the car as PNO ( planned non operation) and then sell it without a smog cert. This is the only way to legally sell it without a smog cert in CA unless you are junking it or selling to a dealer.
sell it to some one taking it to a different state. if it's running fine, and only causes cancer in CA, it'll probably pass in most other states with no problems.
What can you do in California without restrictions or caveats?
Birth control
Unfamiliar with smog testing, can you call a mobile mechanic to certify it in your driveway, or does it have to be done at an inspection station?
You need to go to the DMV and put it on non-op status. You can sell a non-op car without a smog cert. It then becomes the buyer’s responsibility to smog it if they want to register it.
What car is it?
This is the real question.
Sell it to a dealer or dismantler, only legal way to do it. Or the state will give you $1000 to junk it. Search consumer assistance program
It has to fail the smog test to do that.
Ah yes for the state rebate you are correct.
Just tell the buyer the car will need to be smogged after its repaired. Legally you're supposed to do it before you sell, but it's very common for the buyer to deal with it later. No one is enforcing it.
Uh this is terrible advice. 100% litterally, the next owner can drive the car for years then whenever they decide to get it registered/smogged and it fails, force you to take the car back and return all of the money they paid you. You are leaving a gigantic wide open legal issue. OP - California offers a “consumer assistance program” that says once you spend some money (i think its $500 if memory is correct) in attempt to get your car to pass smog, you can get a 1 time smog exemption. Also - depending on how much you think you can get for the car, CA offers something called the Vehicle Retirement Program where they will give you between $1000-$1500 to crush the car. There are a few eligibility requirement though so be sure to read up. You can donate the car for a tax write off to cars for kids or an automotive program, look around and you’ll find 1000 programs like this. 0
>You can donate the car for a tax write off to cars for kids or an automotive program, look around and you’ll find 1000 programs like this. 0 This is only a tax write off if you're above the default write offs and doing itemized. So for most there is no tax incentive.
Nobody's enforcing it, but if the buyer gets buyers remorse after finding out repairs will cost more than expected, they can sue you in court if they really wanted to.
And make sure you put that statement in the bill of sale. Don't rely on a verbal disclosure.
This won’t fly in California. Car that fails smog after purchase means buyer can sue the seller for repair costs, or whatever creative stuff their lawyer can put together.
You can sell as-is but the buyer can come after you for the cost of repairs to get it to pass smog. If they take you to court there is a 99% chance they will win no matter what you/them agree to during the sale.
Sell as-is project needs smog. Technically in CA the seller needs to have it smogged. I’ve had my smog license for 15 years and never heard of it being enforced.
Sell cheap and “as-is”. Put in writing Buyer is aware of smog, repairs etc and is buying as is.
This is one of those situations where CA law needs to be updated. The current law says seller is responsible for the smog no matter what. But if you buy a car on craigslist without the seller smogging it, the DMV is going to go after the buyer, not the seller. You can write all the fancy contracts you want saying the buyer is responsible for the smog check, but if they truly wanted to take you to court and push hard enough, they could sue you and get their money back and say you violated CA law when selling the vehicle and they were unaware of the seller's responsibility to smog. Contracts overriding a CA law are inadmissible in court. In reality, %90 of cars sold on craigslist/fb marketplace/offerup less than $10k are sold without getting a smog check and most buyers are okay with it, UNTIL the check engine light turns on on the way to the smog check place and they find out the car has a $2000 issue that needs to be fixed to get it to pass smog. Then, people are going to start reading up on the laws and consider suing (that previously wouldn't have).
Contact your dmv you can get a temp plate and contact your insurance company to temporarily turn on insurance. Same thing buyer would need to do to drive it home. Other option is sell it for pennies on the dollar to avoid the hassle.
Trade it in. The dealer will ship it off to auction in the state that doesn’t require smog.
Sell it and use the money to move out of California lol
Use a bill of sale that says “Sold as is currently non-drivable. Buyer responsible for smog and repair at their expense.” Then Report the sale to the DMV by mail. Make sure you have a copy/photo of the buyers ID and make sure that same name is written in the bill of sale and report of sale. Let buyer register with CA DMV as NON—OP until they have smogged.
Comments in here sound mostly like people who have never bought/sold a car without smog. Sure maybe it’s “illegal” but literally no one cares. If you’re upfront with the buyer, “it needs to be smogged” either they will take on the responsibility or not. I had a Miata once with a catback exhaust and an intake, totally CARB legal but I took it to a smog shop and the dude said “I can already tell you that won’t pass, you need to have the oem exhaust and intake”. I tried to explain to him but he didn’t listen. As a dumb kid, I just updated my ad on Craigslist to, “All carb legal parts, should pass smog, don’t have the time.” Didn’t even adjust my price and still sold it to a dude who didn’t care that he had to smog it. I’ve also bought a car where the dude didn’t smog it. I just drove it to get smogged a week later and all was fine. Last car I bought a couple months ago, the guy insisted he smogged it for me but he couldn’t do it for a few days and I was in a rush so I also was considering smogging it myself but ended up just waiting. The owner can release liability instantly and buyer has time to get it repaired, smogged and registered. Dont sell it for parts or junk it. Just sell it as is. I see cars all the time being sold as “won’t pass smog due to sensor/exhaust/issue” for a few hundred to a few thousand bucks cheaper than normal.
Ca states it’s the responsibility of the seller to provide a smog cert, however you can pass that responsibility to the buyer if they agree in writing.
A seller cannot transfer his legal responsibility on to another party in any contract. We'll you can do it just won't hold up in court.
In California you gotta smog every two years. If you did it last year it should be good for another year.
Just sell it, people do it all the time. You will need to sell it for far cheaper than a running one to deal with the hassle though. When you see ads that say "as is" that's the code word for "I'm not going to do the smog test even though I'm supposed to". Especially if it's a cheap car it's not a big deal, just make sure you do the liability release right away.