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Forum > General Smog Check > Question

Smog Check Requirement for Auctioneer Selling Government Seized Vehicles

Good morning! Looking for some clarification and/or legal literature that specifies the smog check requirements for the selling of government seized assets at auction. We sell everything for the Marshals, Treasury, Customs & Border patrol there in California. The government claims that CA state laws do not apply to them, but as a small business we need to ensure we are covered stating specifics in our Terms & Conditions. If they are incorrect, I need to provide them with the law to states otherwise. Your assistance is greatly appreciated!
Answer:

The State of California requires any entity who sells vehicles to the public provide proof of passing smog inspection to the purchaser during the vehicle sale. Auctions who sell to vehicle dealers are exempt; as the vehicle dealer who will then sell the vehicle to the public, takes on the smog check responsibility.

An auctioneer may sell a vehicle marked as "Dealer Only or Out of State" without a smog certificate. The purchaser must have a valid California Vehicle Dealer License or be registered out of state. An out of state buyer may be in a state that does not require a smog check and may have different smog inspection laws than the State of California.

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