Who's Responsible For The Smog Check When Buying a Car?

The Seller Is Responsible For The Smog Check

Section 24007 (b)(2) of the California Vehicle Code states it is the responsibility of the seller to provide a valid smog certificate before or during the sale of a vehicle. If the seller didn't give you a smog certificate when you bought the car, and perhaps you were not aware that the seller was supposed to, we'd recommend you contact the seller and explain the situation. An amicable resolution is best, otherwise you'd probably need to take it to court and have a judge decide on how to handle the matter.

Unfortunately the DMV or Bureau of Automotive Repairs won't get involved in these types of cases since many times sellers and buyers agree to purchase vehicles which have not and/or cannot pass the smog check in their current condition, i.e. engine damage, faulty emission parts, non-op status vehicles and so forth. Unless actual fraud was intended and there is overwhelming proof, it's going to be difficult getting the DMV or other law enforcement agency involved. Our best recommendation... deal with the seller, explain you don't want matters to get complicated and find a solution that works for you both.

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