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Motorhome RV failed the smog test. Seller says he's not responsible. What can we do?

We have purchased a 1986 motorhome and the seller gave us $100 to have the smog test completed. We have taken it to two different Smog testing stations and it has failed both times. We are charged each time and the cost that "might" fix the issues are from $250 to $750. What if it still does not pass? Do we have any recourse? We cannot get the title transferred without the smog - correct? Is the "evap test" also required?
Answer:

There is a section (24007 b2) in the vehicle code which specifically states it is the responsibility of the seller to provide a valid smog certificate at the time of delivery of the vehicle. Nothing in the law says a vehicle can be sold "as-is" as far as the smog check is concerned. The seller is always responsible for the smog certificate. If you buy a vehicle without a smog check certificate and it later fails the smog check you have the option of taking the seller to Small Claims Court to either return the vehicle or have the seller pay for the cost of getting it to pass the smog test. The law clearly supports the buyer but collecting on a small claims judgment can be difficult. The best bet is to deal with the seller directly citing the vehicle code. And yes... the EVAP test is required on all 1995 and older vehicles, unless your motor home has two gas tanks. Trucks or RVs with two gas tanks are exempt from the EVAP functional test. posted by SmogTips Support

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