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SoCal Chapter The SoCal Chapter covers Southern California and Arizona. Please post local topics here.

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  #1  
Old March 3rd, 2020, 12:49
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CherokeeManatee CherokeeManatee is offline
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How do I sell a vehicle without smogging?

Hey yall,

I haven't posted here in years mostly because I haven't wheeled in years. I'm in a catch-22 and was hoping to get some insight in how I can sell or get rid of my jeep.

I have a built XJ currently sitting an hour away from where I live and it can't move due to me blowing up the rear diff (I forgot to refill the fluid before moving it, I know...I know). In order to sell it in California I have to smog it but in order to smog it I have to be able to drive it to the smog shop...

Is there a way for me to sell the vehicle without smogging (non-op registration?) or is my only option to junk it?

The dmv website isn't too helpful with this specific scenario and I'd hate to junk it since it has some good aftermarket gear on it and all it really needs is a new rear end.

Thanks in advance
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  #2  
Old March 3rd, 2020, 13:19
JonnyCat63 JonnyCat63 is offline
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Re: How do I sell a vehicle without smogging?

True, Kommiefornia law says that a smog upon sale is the sellers responsibility. However, you can sell a vehicle if the buyer is willing to accept the responsibility of smogging the vehicle themselves.
The buyer can still register the car is his/her name, but will not get current tags until the vehicle has passed smog. You can get temporary tags (not sure for how long they are for) to move the vehicle to a smog station, or you will have to trailer the vehicle.
I've sold a number of vehicles this way without any issues. Just make sure you fill out the release of liability form and send it in to the DMV. Make sure you make copies and keep them, too.
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Old March 3rd, 2020, 14:47
sandfreestyle sandfreestyle is offline
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Re: How do I sell a vehicle without smogging?

As long as the buyer is fully aware that smog testing is needed then you are fine selling. Tags are held during title change until is has passed.

Like Jonny, I have bought and sold numerous vehicles like this no problem.

But, if you do sell it the way it is, make sure you fill out the release of liability form or DMV will continue to contact you if the new owner never does register it. Any ticket or violation they send out via mail will go to you and you are liable for those fees. I got burned once and that's how I know.
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Old March 3rd, 2020, 14:49
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CherokeeManatee CherokeeManatee is offline
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Re: How do I sell a vehicle without smogging?

Awesome, thanks for pointing me in the right direction! I found the DMV's release of liability form and plan on writing up a brief bill of sale stating that it's not smogged if it comes down to it.


Cheers
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Old March 3rd, 2020, 17:07
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Re: How do I sell a vehicle without smogging?

That information is not exactly accurate. If you sell it and they agree to not having it smogged....they can still come back on you later. It is the seller's responsibility, period.

If you sell it as a parts vehicle, you better get it in writing in triplicate. There are people out the who buy cars intentionally to file a lawsuit later. Get it in writing, have them sign it, take a picture of the paper with their license sitting on it.

Take every precaution.
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Old March 3rd, 2020, 19:44
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David_Bricker David_Bricker is offline
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Re: How do I sell a vehicle without smogging?

Depending on the county you're selling it / registering it in (Ventura for you?) and the year of the vehicle (1999 and older), in order to smog it, it has to go on a dyno during the test. A blown rear axle may prevent that from happening. 2000 and newer don't need the dyno, and some counties like Kern, Invo, Imperial (rural areas) don't have the dyno requirement, and only need smog upon initial registration.


I went through this with Gomer when licensing it in Cali for the first time, from NY. It lives in Inyo County, so it didn't have to go on the dyno. Passed with flying colors, after coming in from a 70 miles drive to the smog station.


David Bricker / SYR
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Old March 6th, 2020, 08:55
Skwerly Skwerly is offline
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Re: How do I sell a vehicle without smogging?

Quote:
Originally Posted by David_Bricker View Post
Depending on the county you're selling it / registering it in (Ventura for you?) and the year of the vehicle (1999 and older), in order to smog it, it has to go on a dyno during the test. A blown rear axle may prevent that from happening. 2000 and newer don't need the dyno, and some counties like Kern, Invo, Imperial (rural areas) don't have the dyno requirement, and only need smog upon initial registration.


I went through this with Gomer when licensing it in Cali for the first time, from NY. It lives in Inyo County, so it didn't have to go on the dyno. Passed with flying colors, after coming in from a 70 miles drive to the smog station.


David Bricker / SYR
Interesting. I did not know this.
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  #8  
Old March 6th, 2020, 09:06
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sidewaysstarion sidewaysstarion is offline
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Re: How do I sell a vehicle without smogging?

Or you can sell it to someone who doesn't care about smogs and they can fix it and enjoy it.
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  #9  
Old March 7th, 2020, 12:11
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CherokeeManatee CherokeeManatee is offline
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Re: How do I sell a vehicle without smogging?

Thanks for the input everyone. I ended up selling the jeep this morning with a bill of sale stating it's not smogged and buyer assumes responsibility. Signed, dated, and photographed with licenses next to it.
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