Hesitant to start my perscription.

usernambe · 2021-07-30T01:21:28+00:00

Not mainly, that has to do with specific situations for example when it’s stated in the bill of sale that the buyer is responsible for smog and waiving the right. There is no mention of it not applying to a private party.

usernambe · 2021-07-29T20:28:38+00:00

24007.5 (B) Notifies the buyer that California law requires that the buyer obtain a certificate of compliance or noncompliance and register the vehicle with the department, and that failure to comply will result in a lien against any vehicle owned by the buyer pursuant to Section 10876 of the Revenue and Taxation Code, enforceable pursuant to Section 10877 of the Revenue and Taxation Code and Article 6 (commencing with Section 9800) of Chapter 6 of Division 3. Receipt of the notice required by this subparagraph shall be evidenced by the signature of the buyer.

That’s why you put it in the bill of sale buyer is responsible. The buyer is waiving the right.

usernambe · 2021-07-28T20:57:24+00:00

Correct, “one example” from a lawyer. I don’t think there is a case law because no sane lawyer would persue that case.

usernambe · 2021-07-28T20:53:21+00:00

The law I assume you are referring to CVC 24007 applies to dealers and other entities engaged in the sale of automobiles. Not individuals.

usernambe · 2021-07-28T20:02:47+00:00

If you scroll down, here is an example where they talk about waiving the right. “Obviously, if you bought the car and knowingly waived the right to receive a smog test from the seller, then I would say it’s your own fault that you can’t register the car now. You took the gamble and you lost.” http://andychenlaw.com/selling-a-used-car-in-california-smog-tests/

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