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I am having an issue that I am hoping someone will be able to help me with. Back in February I sold a vehicle with a Elk River title (I am a Elk River resident stationed in Elk River for military) to a Elk River resident. He took the truck and titled it in Elk River and put Elk River plates on it. At the time of the transaction we were both physically in CA, but neither of us were residents of CA. He is now suing me in small claims court because the vehicle did not pass smog. Elk River does not require smog and as far as I understand in Elk River smog is the buyer's responsibility (please correct me if I'm wrong). I am wondering if we, as the sellers, are held to the Elk River law of it being the buyer's responsibility to smog a vehicle. In CA, smogging a vehicle before a sale falls on the seller, but as he did not register the vehicle in Elk River and neither of us are residents of Elk River I do not believe Elk River laws apply in our transaction.
EDIT: I have contacted the DMVs of all 3 states and every single one has told me that just because we were physically in Elk River if he put Elk River plates on the vehicle, then Elk River laws apply and Elk River law states it's the buyer's responsibility. I guess that answers my question. We're doing mediation before court but I'm super nervous. I feel really bad but it's not like I intentionally screwed the guy over. I'd never even smogged the truck before. Elk River doesn't require smog at all. Plus we sold the truck at half of what it blue book because we really needed the money at the time. I don't know why he's complaining so much :(
If the car was never registered in California, then California smog tests can't apply, how could they? Nevada tests might apply, but you would hardly be responsible, since you are not a resident of Nevada, and were not at the time of the sale. Since you were living in California, you would have had to get a test in Nevada, which is unreasonable.
The law probably applies WHERE THE SALE TOOK PLACE. Regardless of what state either of you are from or where the title is registered. My state doesn't have smog so I cant offer any more advice. Except that mediation is going to try to get both sides to "settle" so it doesn't get in front of a judge. Are you willing to buy the car back & void the sale ? Give him a few hundred to be done with it ? Or take your chances in front of the judge ? If you lose, you would have to buy the car back plus pay the buyers court costs. But, if you don't have it, well, how can the other side collect ? I was sued over a $75 car deposit years ago. I didn't show up because it wasn't worth my time. I lost...called a default judgment. The judge awarded the other person a $75 + 35 in court costs. I got a letter that said I lost and owe the other guy $110. It may have shown up on my credit report. I never paid a dime. So the other person wasted $35 trying to get $75.
The law applies based on where you SOLD the car. If you were in the state of Elk River when you sold the car, then California law applies. It doesn't mattere where the title came from and it doesn't matter what state you are a resident of. If the transaction occured in Elk River then Elk River law applies. He can sue you and he can ask for damages equal to the cost of the smog test and any repairs required to get the car to pass. Smog tests are almost NEVER the buyers responsibility. As long as the car was sold as a running, functioning automobile (not a parts car or a project car) it is the sellers responsibility to make sure the car can be registered and a smog test is required for registration.
The law applies where the seller resides(or where you live) If you live in Maine, and the buyer lives in Hawaii- no way you are required to have hawaii smog test. You must comply with the state the seller lives in. It is the seller's responsibility to obtain the test. This is a consumer protection for the buyer. The seller must provide the emissions test paperwork to the buyer for vehicle registration purposes. The buyer must use this paperwork to register the vehicle within 120 days (emissions test paperwork that is not used for vehicle registration purposes expires in 120 days). A vehicle dealer may offer customers a voucher enabling the buyer to obtain a test for free. The customer has the right to refuse this arrangement. However if your state does NOT have a test, how are you going to obtain one.