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Sold my Ford Ranger. Buyer says it won't pass smog. What do we do?

My daughter sold a 1999 ford ranger in december 2009 gave the buyer all the paper work including the paper work showing it had passed smog when registered, not sure it was within the 90 day period in calif. She did talk to him a month or so later and asked if he had taken care the his DMV paperwork he said yes. Now what 5 1/2 months later he says the truck isn't passing smog. It sounds like he just went to the DMV. What do we do now?
Answer:

Truth is... 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. It's very important that the smog check certificate you gave the buyer was not older then 60 days. Smog check certificates are good only for 60 days when used for the purpose of selling a vehicle, even when obtained for registration renewal purposes. If the certificate is older then 60 days, technically they can return the vehicle to you, but only through small claims court. Although the law clearly supports the buyer, collecting on a small claims judgment can be difficult specially when it's been 5 1/2 months and the buyer has had the duty of registering the vehicle in his or her name within 10 days which they failed to do. Personally I don't think any judge will side with them; but I'm not a judge or lawyer... The first thing I'd recommend you do is make sure the DMV has removed liability of the vehicle from you. When you sell a vehicle and hand over the pink slip you need to tear off the lower portion of the pink slip (this is the release of liability section) and mail that in. The release of liability form indicates you've sold your Ford Ranger and you are no longer responsible for anything that happens with the truck in terms of parking tickets or accidents. Insure that this has been done. If you did not send in the release of liability form at the time you sold your Ford Ranger make sure the DMV enters this information now; backdated. This is the number one thing to do. Next I'd ask the buyer what they want to do. If they want to give the vehicle back to you, you should refuse. Too much time has passed for you to accept the truck back. If they are willing to provide you with a written estimate of what repairs are needed TO PASS THE SMOG TEST ONLY, you might want to considered splitting the cost with them and getting this issue resolved amicably. Good luck. posted by SmogTips Support

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