Date:         Wed, 6 Jul 2005 14:24:07 EDT
Reply-To:     Oxroad@AOL.COM
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Jeff Oxroad <Oxroad@AOL.COM>
Subject:      Re: 83 waterboxer full westy for sale $2,750 in SF Bay area
Comments: To: craigoda@GMAIL.COM
Content-Type: text/plain; charset="US-ASCII"

Just FYI. In California the seller of a vehicle is required to have a
current SMOG certificate for the vehicle from a test done in the 60  (maybe 90) days
prior to sale.  If the vehicle is sold without a current  SMOG certificate
the new owner is legally entiled to the cost of the test and  ANY REPAIRS
necessary to make the vehicle smog legal--paid by the seller of the  vehicle.

I've seen a couple of people burned on this selling a vehicle marked as "AS
IS" even in the sales contract and later sued by the new owner for all repairs
 necessary to bring the vehicle up to SMOG standards. One vehcile was an old
Honda Accord sold for $500 AS IS. The new owner won $3500 in court for
repairs,  car rentals while the repairs were performed. Part of the settlement was
to  return to the car to the previous owner as even after repiars it never
passed  SMOG.

Another was an old Cadillac, and same deal. Car sold for $900 AS IS. In
small claims court new owner won a judgement for $2800 in repairs.

Both of these cases were in the last 4 years. Both cars were sold AS IS.  The
court in each case says AS IS does not exclude the seller from
responsibility to get SMOG certificate before the sale.

I know many vehicles are sold privately in CA without SMOG certificates.  But
of course as the new owner you need to get the vehicle SMOGged to complete
the registration process. In many cases the new owner pays for the SMOG test
with no reprocussions. But again this is just an FYI. Because it can get  ugly.

I assume CA is encouraging people to junk older vehicles rather than sell
them. CA is kind of screwy.

Best,
Jeff
83.5 Westy
LA,CA



In a message dated 7/5/2005 3:29:42 PM Pacific Standard Time,
craigoda@GMAIL.COM writes:

For sale  without SMOG certification.