San Francisco Business Daily

When selling a car in privately in California, who is responsible for the smog test?

I've always heard it was the sellers repsonsible to get the car smog if selling the vehicle & it's been over 30 days since the original smog, however, I recently saw on craigslist a vehicle for sale and the person stated that the buyer was responsible for the smog. So which is it? Thanks!

Public Comments

1. Either, I'm sure. You can make the buyer get the smog, but if you already have the smog in hand, it's 50x easier to sell the car. You got proof it'll pass. Otherwise it's kind of as-is, at risk.
2. In California, it is the seller's responsibility to provide a valid smog certificate to the buyer (which means that the car passed a smog test no more than 90 days before the sale).
3. it can go either way as long as you state buyer must get the car smog them self. Ive purchased and sold cars both ways in california.
4. Don't buy that car then. I just got my car smogged for less than $35.00.
5. No, the seller is responsible. I wouldn't buy a car in CA without it.
6. In the state of California the seller is responsible for getting the car smogged.
7. That particular seller is full of shit. Here it is straight from the DMV: http://www.dmv.ca.gov/vr/smogfaq.htm#BM2537 If the seller will not have the car smogged, he's either extremely ignorant as to the law or knows the car will not pass. Don't buy it.