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Purchased used Honda Accord from dealer that wasn't smog checked. What should I do?

My brother bought a Honda Accord last month from a dealership in town. He has been pulled over multiple times because to tags are expired on the vehicle. He waited a month and contacted AAA for his tags because he wanted to get it taken care of. AAA informed him that the registration wasn't complete because the dealership failed to complete the proper paper work. After contacting the dealership he was told that they did not smog the vehicle before they sold it therefore they could not transfer the title. Of course he had to call to get this information the dealerhsip didn't call him. They said for him to smog the car and send them the receipt for reimbursement. Our question is since it's the dealerhsips responsiblity to smog the vehicle can he return the car instead of having it smogged? Are we liable to keep it?
Answer:

Take the Honda Accord back to the dealership. Do not smog check it yourself, it is not your responsibility. If the dealership refuses, report the incident to the DMV's investigations unit. There are multiple reasons for not smogging the Honda yourself... 1, you shouldn't have to pay up-front and wait for reimbursement. 2nd, if the Honda fails then you've just wasted your time. 3rd, by taking on the responsibility of smog checking this Accord yourself, your partially accepting liability. posted by SmogTips Support

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