[s-cars] Re: Trouble in 4KCSQ Land

edkellock at juno.com edkellock at juno.com
Wed Jan 15 21:24:34 EST 2003


It is true, I believe, that CA deems it the seller's responsibility to
get the smog done.  However, the sale is long past.  I would suggest that
you politely bid the kid and the car farewell, file a release of
liability with CA DMV http://www.dmv.ca.gov/forms/reg/reg138.htm , which
will tell them that you sold it, and put this behind you.  He won't have
any legal recourse against you.  If he's put money into the car, then
here's another opportunity for him to fix it up some more with a new
hi-flo cat and a free-flowing exhaust.  Pretty presumptuous of him to
come back to you after all this time.  If by chance he is moving out of
state, then maybe he can side-step the smog requirement by registering it
elsewhere.

Ed

On Wed, 15 Jan 2003 17:26:24 -0800 Greg Wolters <GJWArch at 95959.com>
writes:
> Hi everyone,
>
> Thanks for the responses.  I think you are right re: the CAT &
> exhaust.
> I talked with the kid just now and I was wrong... he said it is
> burning
> 1 1/2 quarts of oil per month, not one quart per week as I earlier
> posted.
>
> And to Bob... I understand what you are saying and I probably should
> get
> a legal opinion. As I understand it, in California it is the
> seller's
> responsibility to secure the smog test, but I'm not a lawyer... he
> did
> pay for the car and I did give him money for the smog test which he
> was
> to have done 4 months ago.  I kind of feel for the kid, he is a
> neighbor
> of sorts and needs to leave the area the end of the month for a new
> job.  I called the Dept of Motor Vehicles and they said it was a
> legal
> matter between us.  They just will not transfer the car to him
> without
> proof that it passed the smog test.
>
> The kid has put new BFG T/A's and a new alternator into the car.  I
> could get it back, fix the exhaust and resell...
>
> Thank you again to all of you!
>
> Greg
> 94 S4
> 4KCSQ (?)
>
>
>

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