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Bought a car, seller did not provide smog check certificate. Ford Mustang 2005.

I just moved here from Norway and three weeks ago I bought a 2005 Ford Mustang from a private party. Turns out the smog check that came with the car was way too old. I was then told that the seller is responsible for providing a valid smog check. I contacted the seller with this, but he does not seem to want to cooperate. I tried to get the smog myself, but the check engine light was on, so they would not do the smog test. Turns out there is a mechanical problem. Seller won't recognize that it is his responsibility. What do I do? Like I said I just moved here and I am not familiar with all the laws here yet.
Answer:

You are correct... Section 24007 (b)(2) of the Vehicle Code states it was the responsibility of the seller of your 2005 Ford Mustang 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." Therefore the seller is always responsible for the smog certificate even if they mention the car is sold "as-is" because the law doesn't recognize the "as-is" policy as it applies to the smog check. You now have the option of paying for any smog repairs necessary to get your Ford Mustang to pass the smog check but may need to take the seller to Small Claims Court to recover your costs. Although the law clearly supports the buyer, collecting on a small claims judgment can be difficult, so the amicable solution is usually best. We have to recommend contacting the seller persistently advising that you've spoken with multiple agencies and if need be you are prepared to take them to court. posted by SmogTips Support

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