Question re selling car not smogged

Greetings. Does DMV/California allow someone to sell a car that is not smogged with a non-operation status to someone that doesn't care and wants to fix said car (1976 BMW 2002) in California? I'm not sure having an AS IS agreement between both parties is recognized in California. The smog cutoff year is 1975. It was supposed to be 30 year old cars were to be smog exempt from current date but it stopped up to 1975 model year cars. How about selling the car to someone in a state that doesn't have smog laws? :?:

 

If the car is registered as a non-op, you can sell it with no smog paperwork. Even if it was running with regular registration, you can still sell it without a smog certificate provided you make it perfectly clear that the buyer is responsible for getting it to pass smog. I've bought and sold a few cars recently (last year or so) and I neither provided nor received a smog certificate.

Just make sure that the buyer doesn't come back demanding that you get it to pass smog. When selling the car, print out a receipt specifically stating that the car is being sold as is and that the buyer is responsible for all work required to bring the car to a legal status. Also put the vin #, mileage, year, etc.

 

ive sold a car that needed smog... just disclose with the buyer they are responsible for it.. Just didnt 1 month ago.. No prob.They had to register it as well

 

I don't think it matters as long as you both agree it's As-is. That person will be responsible for smogging it when they register it as operable.

 

Good Luck with that.

Lots of opinions but the law was amended to prevent passage of title without a smog check. I have been afoul of those laws with nearly every (race) car since I got my license. Just last year had issues with a Cherokee that would not pass and made the seller split the cost of repairs. However for a 2002 I might make an exception if it's the Tii is should pass fine, but even with a carb just lean it out and it ought to be hot enough to fire up even the most slagged cat. Make sure plugs and air filter are clean but wait till after to change the oil as the sludge will smoke less than fresh thin oil. Your worst case scenario is dropping $1-200 on a cat. Another note about that car is that you only have to pass an idle test so make sure (hopefully it's a stick) you keep up the Revs to get the cat lit (pre-conditioning) because it will not be hot enough at idle. With a slushbox you will have to go up and down the street in first or second to get the revs and temp up. Best smog place around is on Grand and Santa Clara, you'll find coupons in the penny saver that will knock off $35 or so. Be aware you will likley have to hink the tank leakdown test, most places will not have the filler neck adaptor that fits vintage BMW's (trust me on this) so don't be afraid to offer a "tip".

 

getting an 02 to pass smog should be fairly straight forward....

 

I think 76 is exempt from smog.

 

It's stick... 4 speed. I have the Webber DGV carb on it without the stock airfilter/housing. It has the small chrome one. Its not C.A.R.B. approved. I would need the Webber DGAV carb and stock airfilter/housing. The car would fail the visual upon opening the hood. :lol: I doubt my 02 will ever pass. The motor is REAL tired. It does have all of the stock smog devices on (resembles a map of our California freeway system :lol. I used to have a guy that, well, would make the car pa$$ the $mog test. :lol: Those days are over. My dream car is a 1973 2002 TII in orange (Inka) with black interior :bang:. Thanks for the info.

 

I believe the law does require the seller to provide the smog cert before the exchange of title can take place, however, I sold my old ass 1989 Supra turbo a couple of years ago without the smog cert because it didn't pass. The buyer said he will take care of it. Never had a problem with DMV.:?:

 

The law with the smog check (unless it has changed recently) stated that the seller must provide a smog certificate UNLESS prior arrangements have been made. The law is really targeted at used car lots more so than individual sellers.

As for passing visual, go to a test-only place. Most of those guys don't really care too much about visual, as long as it isn't obviously tuned (ITB's, big-ass ball-bearing turbo). They really only care about the emissions.

By the by, I have a rotary with a carb (dirtiest combo known to man) and got it to pass legit by doing the following:

Full tune-up
new oil day before the test.
Ran 4 gallons of hi-octane gas (mobil) cut with an entire can of seafoam green
Drive the car on the freeway until the cats are hot enough to vaporize children
Immediately get the car tested (make an appointment; if you have to wait, DO NOT turn the car off).

I did rebuild the carb as well.

Anyway, whatever happens, god luck.

 

1974 is the cutoff, they were debating moving it up to include newer cars but they also were deciding on maybe moving it back lower than 74.

it sucks either way.

 

Wrong

Wrong... well partially.

It used to be the 30 year rolling exemption. Lovely california ARB people and the lovely dems locked it at 75 and earlier are exempt. SOME early 1976 cars (i.e. built in 75 but 76 model year) have squeaked by.

so 75 and earlier are a guaranteed no smog. 76 MY values dropped drastically when this rule happenned #-o

 

Its sellers responsibility, but there is no DMV police so as long as you tell the buyer and he/she agrees then you should be fine, But they have been cases that the buyer took the seller to court and had the seller pay for repairs. 75 and older no smog 76 and newer needs smog every 2 years and anytime a name transfer happens.

 

The most direct answer to your question.....Legally, yes before you can sell the vehicle publicly to another owner is for it to smog legal, and smog worthy, and with smog provided before Money exchanges hands.

Now.... The reality of the situation..... In your bill of sale, you need to list the vehicle as an "AS IS" condition, List the buyer is responsible for smog, and list that in the as is condition it cannot pass smog from missing smog control items, along with the fact the vehicle is currently non op. That is the proper way to cover your ass in this situation.

The true reality, if you just list it as "as is" condition, your good, but know the buyer does have 90 days to change there mind, and bring the vehicle back, if you dont take it back, that is when you could find yourself responsible for the repairs needed to pass smog.

 

I just want to see pictures of this 2002! I've always loved those cars! Some day I'd like to buy one.

 

I agree!

even big bumpered, square tail light 76's are cool

My bud and I built up a meaaaan 72. 320i 5 spd tranny swap.... sick

 

Here are a few pics for your viewing enjoyment. This first one is not my 02 but mine is exactly like this gray/siver one (Polaris) but mine has a factory sunroof.


SQUARES ARE ALSO BMWs!!


A square.




(This Inka Roundie above is SICK! Just add a Yakima rack and a MTB and your set!)



someone PLEASE rescue this poor 02 A roundie, even. What a shame.



A Roundie (1968-1973). These are harder to find than a Square (1974-1976).


A race 2002. Nurburgring, baby!!