Thread: CARB swap rules
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Old 05-19-2010, 11:54 AM   #7
enkeivetteenkeivette is offline
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Quote:
Originally Posted by kdracer73 View Post
And remember, the seller caries ALL responsibilty for car being smog legal. According to the instructor in my update smog license class, under the law, no such thing called " as is " for smog. He stated cases where the seller sold a car without a smog cert. The buyers failed smog, had car repaired, and sued the seller for cost of repairs and won. Could be instructor BS, trying to scare techs.

In my California BAR Smog tech newsletter, they just had a article where the enforcement agency is buying cars off criagslist and Autotrader that are not smog legal , but have a smog cert. Then they go after the seller and the tech that passed them. One of the cars in the article was a LS motor in a 240sx that was not legal. Fines run into $15,000-$20,000 range. And can be charged a felony .
You should be fine if you sell it as non-op. If you're really scared just have them sign something acknowledging that it's a project car not not street legal.

You really think it would fly if I bought a purpose built race car and then sued the owner because it didn't smog?

Contracts just need to be sufficiently definite.
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