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    candoval's Avatar
    candoval Posts: 1, Reputation: 1
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    #1

    Jul 25, 2009, 01:42 PM
    Who's responsible for smog check, seller or buyer in CA
    My parents bought a 2003 Kia Sedona from a private party about 2 weeks ago, not aware they were to get a smog certificate with the title to be able to register the vehicle. They are having problems getting it smogged for registration. The repairs that need to be done will run approximately $1500. My parents went back to the sellers and advised them they were having problems with the car and the sellers reply was "We sold it to you in good condition. Nothing was wrong with it." Is there anything my parents can do after 2 weeks of purchasing the car, to make the sellers responsible for the repairs and smog or give them some of the money back? I appreciate any feed back.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jul 25, 2009, 01:54 PM

    If you mean 'emission testing', which has to be done in Ontario by cert. mechanics in order to pass govt. requirements and get new stickers, then no, I don't see how they will be able to recoup any money. It isn't mechanical, so they are off the hook, I believe. Isn't it a govt. requirement in California ?

    Tick
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 25, 2009, 02:21 PM

    I could not find the link to California law, but if the vechile was sold in California, the seller shouild be responsible for either telling you it will not pass or providing proof that it passed.

    Was it bought "as is" which could mean it needs work.
    Bntherednthat's Avatar
    Bntherednthat Posts: 1, Reputation: 1
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    #4

    Feb 1, 2016, 08:49 PM
    By law seller is responsible for the smog within 90 of the sell. If they bought it "as is" and did not get the smog cert from the seller they will not recoupe any of their money. Look up info on car before you buy because if you do not understand car facts in a case you can be screwed over. The lemon law only pertains to dealerships. Sorry your family has to go through this.

    Sorry from
    Been there done that...

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