Smog Check Requirements for Buying and Selling a Car in California

This guide will break down everything you need to know about smog checks for a title transfer, including who is responsible, important exemptions, and how to avoid potential pitfalls.

Who is Responsible for the Smog Check?

In a private party sale, the seller is legally responsible for providing the buyer with a valid smog certificate before or at the time of the sale. This is a California Vehicle Code requirement and is designed to protect the buyer from purchasing a car that is not in compliance with emissions standards and would require potentially costly repairs.

The smog certificate must be issued within 90 days of the vehicle's sale or transfer date. A passing smog check is electronically sent to the DMV, but the seller should still provide the buyer with a copy of the Vehicle Inspection Report (VIR) for their records.

If a buyer purchases a car without a valid smog certificate, they cannot complete the title transfer or registration at the DMV. While there may be no immediate enforcement for the seller, the buyer could face a significant financial burden if the vehicle fails the smog test. This is why it is highly recommended for buyers to insist on a recent smog certificate from the seller before finalizing the transaction.

Smog Check Exemptions for Title Transfers

While the general rule is that a smog check is required for a title transfer, there are several key exemptions that may apply:

Newer Vehicles: A smog check is not required for a change of ownership if the vehicle is four model years old or newer. In this case, the new owner is required to pay a smog transfer fee to the DMV. The four-year exemption does not apply to diesel vehicles.

Older Vehicles: Vehicles that are a 1975 model year or older are completely exempt from smog check requirements.

Family Transfers: A smog check is not required when a vehicle is transferred between immediate family members, including a spouse, domestic partner, sibling, child, parent, grandparent, or grandchild.

Other Exemptions: Motorcycles, electric vehicles, and heavy-duty diesel vehicles (with a Gross Vehicle Weight Rating over 14,000 lbs) are also exempt from smog check requirements.

The 90-Day Rule: How Long is a Smog Certificate Valid?

A smog certificate is valid for 90 days from the date of issuance. This means that if you get a smog check and the vehicle passes, you have a 90-day window to complete the title transfer with the DMV. If the transfer is not completed within this timeframe, the smog certificate will expire, and the vehicle will need to be re-inspected.

This rule is important for both buyers and sellers. As a seller, if the vehicle hasn't sold within 90 days of the inspection, you will be required to get another one. As a buyer, you should always check the date on the smog certificate to ensure it is still valid.

What Happens If a Vehicle Fails the Smog Check for Title Transfer?

If a vehicle fails its smog check, the title transfer process will be halted. The seller is responsible for making the necessary repairs to bring the vehicle into compliance. The vehicle cannot be registered in the new owner's name until it has a passing smog certificate on file with the DMV.

If a buyer unknowingly purchases a vehicle that cannot pass a smog check, they may have a legal claim against the seller, as California law states the seller is responsible for providing a passing certificate. However, resolving the issue may require legal action, and the DMV will not get involved in private disputes.

Key Takeaways for Buyers and Sellers

Sellers: Get a smog check before listing your vehicle for sale. This will give you peace of mind and prevent any last-minute surprises. Provide the buyer with a copy of the valid smog certificate.

Buyers: Always request a valid smog certificate from the seller before purchasing the vehicle. You can also use the vehicle's VIN to check its smog history on the California Bureau of Automotive Repair (BAR) website.

Everyone: Understand the exemptions. Knowing if the vehicle is exempt from the requirement can save you time and money.

By understanding the rules and responsibilities, both buyers and sellers can ensure a smooth and legal title transfer process in California.