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Bought a used BMW from private party and it won't pass smog check. Help!

I bought a used BMW 325 from a private party. He assured me that it was already smog check. Well it turns out it wasn't. During the process, he suggested and initiated a bill of sales in my husband's name in order to transfer the car to my name. When the smog test failed, we used SmogTips.com (and also the DMV website) to show that I am the ultimate purchaser of the vehicle, and asked him to pay for the smog tests and the repairs needed to pass the smog test. He said that the DMV doesn't state that smog check repairs can be done on his behalf and that he's responsible for these repairs. My first question is: We find it stated on SmogTips.com that the seler is responsible for the smog check, but where can we find this in State Law? Also, he argues that this is a change of ownership. However, as a seller, he MUST still be responsible for getting a smog certificate BEFORE selling the car. My husband's transfer to me is a change of ownership as a spouse gift and not a sales. I am still the ultimate and initial purchaser. 24007.c3 means ONLY a change within the family doesn't have to follow the 24007a1 regulations, right? Please help!
Answer:

Do a quick internet search for California Vehicle Code Section 24007(b)(2). Section 24007 (b)(2) of the California 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 applies to a vehicle's emission control system. Therefore the seller is always responsible for the smog certificate even if they mention the car is sold "as-is". You are correct in terms of a smog check not being required when a vehicle is transfered between family members, however this does not appear to be a case of title transfer between family members. Before you could have transfered this vehicle between yourself and your husband someone had to purchase this car from the seller; and that's where the seller was responsible for the smog inspection. This appears to us as a typical used car purchase. Furthermore, sounds like this seller might have done this type of transaction in the past. If the vehicle was never registered in his name, and he is acting as a middle man (simply buying cars from one party and selling to another), advise him he is in violation of State law, he can be charged with being an "Illegal Dealer", and you will not hesitate to report him to the DMV and local authorities. posted by SmogTips Support

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