How to Sell a Car with a Failing Emissions (Smog) Test

A Smog Check is an Emissions Test - So Where Do You Need One?

Depending on where you are in the country, you may be used to different terminology when it comes to the testing that your car has to undergo to be street legal.  In some places, this testing is most often referred to as a “smog check,” and in other places you might hear the term “emissions test.”  Both terms refer to the same thing: an official state-licensed test of the gasses your car emits, and whether these gasses fall within the legal limits of your state or local area.  This kind of test is required in all or part of 31 states and is most often required in large metropolitan areas.  A google search of your area and either term will tell you pretty easily what your local requirements are. Passing these tests can be a barrier to selling your car, and some states won’t even let you sell your car without passing a smog test!

California has set its own standards for vehicle emissions / smog, and these standards are the most strict in the country.  15 states follow these tougher standards rather than the federal ones, and this info is worth knowing if you are concerned about your car’s emissions.  (FYI these states are sometimes called “CARB” states because they use the standards of the California Air Resources Board.)

This article will discuss managing emissions test / smog check trouble in states that do not follow the California standards. Click here to read about managing the same issues in CARB states like California.

You’ve decided to sell. Now what?

Okay, so you are selling your car.  But you have a check engine light and, when you took the car to the mechanic, you found out that the car has something wrong with the emissions system.  Or you’ve gotten a smog test specifically and found out that you need to make repairs to the exhaust system.  Not to worry!  There are several potential solutions to this problem, and you are far from the only person who has dealt with it.

Getting Your Car to Pass a Smog / Emissions Inspection

If you don’t mind doing a little work on your car, you might be able to resolve the problem yourself.  The battery, oil, coolant system, spark plugs, and fuel filter all affect a car’s emissions system and can contribute to smog or cause a vehicle to fail a smog check.  So consider servicing or replacing any of these parts, and see if your check engine light goes off for example.  Sometimes the fix is as simple as getting a new gas cap or making sure the tires have the right pressure.  If you know how to do these repairs, go for it if you have the time / energy.  Maybe start with the simplest and cheapest repairs first and see if you get lucky!

Is there any way to pay less for repairs?

Some states offer an emissions waiver if necessary repairs cost more than a certain threshold.  The best way to find out about this for your state is to google the state’s name and “emissions waiver.”  See here for an FAQ document from Pennsylvania that explains how, in some places and situations, a vehicle owner can get an emissions waiver if they have spent a minimum of $150 on emissions-related repairs.

Of course, not only will fixing your car's emissions problems make your life easier in terms of registering and driving it yourself, but when it comes time to sell the vehicle it might not be something you have a choice but to do.

Selling a Car Without Fixing Smog / Emissions Problems is Tricky

Ok let’s start with the basics: if you know that your car isn’t in perfect working condition, and you sell it to someone, you start out on sort of shaky ground, even though a lot of attorneys will tell you that any vehicle sale is “as is,” unless otherwise stated.  Local and state regulations are the issue: there are places that require a smog or emissions test for the sale of the vehicle.  See for example these instructions for car buyers and sellers from Maryland where the first item relates to passing an emissions inspection and recommends that sellers get buyers to state in writing that the vehicle sale is “as is.” 

If you negotiate a deal with a buyer and you’ve discussed the vehicle’s failing smog check, then you should document this in writing.  Write up something that says that the buyer is aware of the problem with the emissions system and get this document notarized.  Prepare this document separately from the bill of sale, or any other documents that accompany the sale.  These instructions from Wikihow might be helpful - information about a check engine light or emissions problems might be covered in the “addendum to the Bill of Sale” portion of this link.

If you’ve gotten an emissions waiver for the vehicle, then have the buyer acknowledge in the notarized document that they are purchasing a vehicle with an emissions waiver for a smog test.

Seems Like a lot of Work. Why Bother?

The best reason to go to this trouble is that an unhappy buyer might try to sue you in small claims court.  The lawsuit might not succeed, given what we said before about most vehicle sales being “as is,” unless otherwise stated, but this might not stop a buyer from trying.  We probably don’t have to tell you that this is a headache that you do not want.  The internet is full of lawyers who are waiting to take a case from an unhappy buyer of a vehicle, and lots of these lawyers might initially offer their services without taking any money up front from the unhappy buyer.

Maybe Dirt Legal Can Help

By now you’ve probably realized the best steps to take to successfully sell your vehicle with emissions or smog issues:

• Make sure you understand your state’s emissions and sale regulations

• Try and fix the issues before you sell

• Get notarized documents if you make a deal with a buyer

You're probably deciding how much time and energy you have to make repairs or prepare written documentation.  You might decide that Dirt Legal’s services are your best option.  Our Vehicle Registration Service can help you register your vehicle in a state that doesn’t require emissions testing or smog checks.  We also have a tax-free route, our Montana LLC Vehicle Registration Service.  For both services, we have dedicated agents to walk you through the process.

We mail you all the documents and forms you need, along with paid return envelopes.  All you do is follow our simple instructions, wait for your new tags and documents in the mail, and then move forward with your vehicle sale with fewer headaches. Just be sure to check the laws in your area to ensure your situation will work with our services.

We might be the quickest way to get your from a vehicle you no longer want to cashing a check for a sale!