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Forum > Failed Smog Test > Question

Bought an Acura MDX without a smog check.

I bought a 2001 Acura MDX over the weekend and in my haste forgot to have the seller get a smog check done. I got the smog check done today and it failed. I have attempted to notify the seller but have not heard back as yet. What are my alternatives at this point? What recourse do I have if the seller does not cooperate?
Answer:

Section 24007 (b)(2) of the Vehicle Code states it is the responsibility of the seller to provide a valid smog certificate at the time of delivery of the vehicle. There is no provision in the law to sell a vehicle "as is", as it relates to the smog check or emissions inspection. At this point you have the option of paying for the smog check repairs your Acura MDX needs in order to get it to pass the smog check, and could take the seller to small claims court to recover your costs. Although the law clearly supports you in this case, collecting on a small claims judgment can be difficult, so an amicable solution is usually best. Try to work it out the best you can with the seller, assuming he/she returns your calls. Good luck. Mike, ASE Advanced Emissions Specialist www.SmogTips.com posted by SmogTips Support

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