What I'm reading here is you just can't register it. Registering and transferring ownership are two different things. I see in your link it says seller is responsible for smog repairs, once again I call bull ****. As is, signed contract stating as is would put the smog repairs on the buyer. Easy get around. I can sell what I want, I don't need permission from any state nor am I in any contract with the state obligating me to do anything to whatever I sell.
Sure, you could just get tied up in litigation, cause that is what is would come down to. You can't just take some action that has laws against it and say "I said I'm not responsible and they agreed" if there is a law requiring said action. You can, but there would be repercussions, kinda like you deciding to tag your truck, who wants the hassle. Sure, you can do it, you can find 'some' legal rulings to support you. But what's a judge gonna say? And, is it worth your time. (I'm going to guess that the court fees would outweigh the fees to just register). But certainly, you should exercise your rights, if you feel the urge.
I don't really care.
From my experience selling and buying here, seller supplies cert as required by CA DMV. Otherwise, sell doesn't happen. I've never sold a car without supplying a valid cert, according to CA DMV and I've never bought a used car without a valid cert according to CA DMV.
I've had people try to talk me into it, but I don't need the hassle. And, I've seen enough people with cars that won't pass smog and it really sucks. Cause, normally, if you're buying something at that low of price, you don't have the cash to throw around to fix it. Nor should you need to, when legally, it is the seller's responsibility. So as a buyer, you'd be an idiot in CA to buy a non-exempt car without a smog cert, unless you wanted to go to court and deal with the hassle.
It's just the law, not saying I think it's right. But it's not a grey area.
You talk like it's some big hassle. I don't see the hassle. I have two trucks, two vans, a box trailer and a camper trailer, but not one single motor vehicle. That is the department of motor vehicles, which my personal use belongings don't fit into that category. Yes, there are court rulings on what a motor vehicle is, and because my cars aren't used for profit, because I don't drive them I only travel with them, they aren't motor vehicles and don't fall into state regulation.
I can understand the reasons for Californias strict regulations, but they are enforceable only because you allow it and go with the flow. Court costs are zero when you win, and you can charge the state for your time because of their frivolous lawsuit. Check out Carl Miller if you want to know more, or just go with the flow and continue to pay fines you aren't obligated to pay.
Yes, I did decide to register my vehicles under duress, but I will never pay another ticket again. Mostly registered them because I can't find an insurance company that will cover an unregistered vehicle, and I do want insurance.
Originally Posted by Early Cuyler
Fights begin, fingerprints are took, days is lost, bail is made, court dates are ignored, cycle is repeated.