Used Car Transfer

April 20, 2008 6:28 PM

I just bought a used car. Do I need to get it smog checked before transferring ownership over to myself in California?

Yesterday I bought a used car. I have the Certificate of Title, and have filled and signed all the necessary portions. I understand that I need to go to the DMV with this certificate to have the ownership transferred over to myself, as well as pay some fees.

I have two questions:
1) Do I need to bring any other paperwork to the DMV other than the certificate of title?

2) Do I have to get a smog check before transferring ownership, or can I do it after? I ask because this DMV site has "Smog Check" on its checklist for buying a used car.

This is in the state of California.

posted by LoopyG to Travel & Transportation (5 answers total)

you have to smog check it before they'll complete the paperwork. I believe you can get a 'contingent' transfer but it won't go through until the car passes smog -- meaning you won't be able to renew the registration. Unless you love the DMV, I would get it smog checked first, so that you have all the paperwork when you go in.

In the future you should ask the seller to get it smog checked before purchase -- this will prevent the situation where you've paid for a car that can't pass smog, meaning that you immediately have to put money into it. I believe that legally the seller is required to smog check it before selling it to you, however, if you agree to buy it without this smog check, none of the CA assistance for smog repairs or buy-back programs will apply to you. This happened to me when I bought a van from someone that did not pass smog (worse, it was labeled a gross polluter), and it was a hassle for several years.
posted by fishfucker at 7:17 PM on April 20, 2008

I believe that the seller is legally required to smog the car before selling it. That's what happened in my case. The certificate is electronically transmitted to the DMV so when you register it should already be in the system. If owner refuses, go look for a new car.
posted by special-k at 7:42 PM on April 20, 2008

PS: On preview I see that you already have the car. You should call the DMV and check if the car has already been smogged.
posted by special-k at 7:45 PM on April 20, 2008

Afaik, the seller is responsible for any repairs if it hasn't passed a smog test.
posted by mandymanwasregistered at 10:28 PM on April 20, 2008

Here are the facts. The seller is required to provide a passed smog certification, fewer than 90 days old, to the buyer -- unless the car is fewer than five model years old (or a model from 1975 or earlier). You will not be able to transfer title without it.
posted by gum at 1:55 PM on April 21, 2008