[mery karimi]

I sold my car to someone 6 months ago. I live in CA and the state requires the seller to provide a smog certificate for the buyer. I did not know of this law, nor did the buyer. She did not try to get a smog check or register the vehicle until 6 months after the purchase. At this point, who is responsible to pay for the repair of the vehicle in order for it to pass the smog check ( and it is an expensive repair!) I know I was in the wrong not to have researched the law myself before selling, but I think there is something fishy about not registering a car for 6 months--it is possible that the car was not properly taken care of during this time...

[rockinmommy]

I think this is an interesting issue, and both sides have points in their favor.

Have you attempted to negotiate with her by partially paying for the repairs? Or are you just planning not to pay at all.

You can always sit back and do nothing and hope she doesn't sue you. If she does, your defense in court will be that you have no way of knowing what she did with the car in the 6 months that she owned it. Her argument will be that you didn't provide the smog certificate as required by law. The judge will decide what you owe her, if anything.

Do you have a bill of sale, and does it include any "as is" language? That may strengthen your case