Smog Issue
Just took my 87 minnie to get smogged 4 days after purchase... Didn't pass.. Been told that the Seller is responsible for paying for smog in California even after purchase..Anyone know the skinning ...
Forum Discussion
Mbrown wrote:paulm999 wrote:
DMV rule is (read: rule not law) that the seller is to provide a smog cert when sold. If you bought the vehicle without asking for the smog cert, you bought as-is. DMV is not going to enforce any rule after a sale. Your recourse is to fix it and smog it so you can register it. Then file a claim in small claims court against the former owner. He will argue you assumed liability for the smog when you bought it as is. It's 50/50 if a judge will act as DMV's agent and award you anything. I've bought and sold many vehicles without a smog with the understanding by both parties the sale is as-is.
BTW, What did the 87 Minnie fail in the smog test?
Running 7x too rich...New holly was put on from previous owner but not adjusted to motor..My mech said that guy must have been getting 3-4 miles a gallon :S
The new carburetor just won your case in court, and DMV and CARB will pay attention to a complaint by you about the previous owner. CA smog law (read law, not rule) states: "The manufacturer of replacement carburetors determines which of their models are considered replacements for original equipment. These replacement carburetors are then listed by vehicle year, make, model and engine size in the manufacturer's catalogue. Carburetors not listed as replacement parts by their manufacturer must have an Executive Order to be legal for street use." The previous owner is guilty of tampering with emission control devices among other things.
http://www.arb.ca.gov/msprog/aftermkt/replace.htm
