Sold the car a few weeks ago in CA, Buyer called me back for failing smog?

Question

When she came look at the car, there was nothing really wrong with the vehicle, no check engine light etc.
She called me a few days ago for having the light on and she went to smog, it didn't pass.
She wants me to pay half of the repair cost, a few hundred $$
I know I have to do smog before selling the vehicle. But buyer agreed to buy it as-is.
What are my legal options?

Alfonzo · Accepted Answer

Most POV sales are "as is" and after you sign off the title, it becomes her problem. Unless you agreed to repair the car to pass the smog test, you're in the clear: and there's nothing she can do about it.

If she tries to take you to court (not likely) then, lawyer up.

Anonymous · Answer

CA is very strict on smog certification, and state law says that the seller has to provide a current (< 90 days old) smog cert when selling a vehicle. As-is doesn't apply to smog failure in CA. You should have to pay the entire cost of fixing the vehicle so it will pass the smog test.

The Subaru Freak · Answer

In California, the seller is responsible for ensuring the vehicle they are selling will pass a smog test.  Sadly, its one of the very few places where you can't just say "I sold it as-is" and be in the clear.  

http://www.dmv.org/ca-california/buy-sell/state-regulations.php

Looking at what California law says, she could probably force you to pay 100% of the repair bill, so you should be grateful she is only asking for half.

anthentherwasi · Answer

if you have to do smog but didnt the you should cover half the cost its not always about legal to me its about whats right.

Brent · Answer

You best cough up half the cashmoney for the repairs.  That's the sellers issue to deal with in KKKalifornia, because AS IS doesn't count there.

Sorry.  (not sorry)

Pay up.  That IS your only option.

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Sold the car a few weeks ago in CA, Buyer called me back for failing smog?

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