Selling a Car That Failed Emissions (Smog) in California: Here's How

California-specific Rules about Smog Checks / Emission Tests

In some parts of the country, your car has to undergo testing of the gasses it emits, to make sure that those gasses are within legal limits.  That testing goes by different names in different places - it might be called a “smog check” or an “emissions test”  Both terms refer to the same thing: an official state-licensed test of vehicle gas emissions.  A google search of your state / local area and either term will tell you if you need to get this kind of testing. Passing these tests can be a barrier to selling your car, and sometimes California won’t even let you sell your car without passing a smog test!

Certain parts of California (like the Los Angeles metro area) have had high levels of smog over the years, so in 1967, California established the California Air Resources Board (CARB). The CARB has stricter rules than the national rules on smog / vehicle emissions, which are set by the federal Environmental Protection Agency.  15 other states follow these tougher CARB standards, and it is important to know which set of rules your state follows, or if your state has rules at all about vehicle emissions or smog.

This article will discuss managing emissions test / smog check trouble in states that follow the California standards (referred to here as CARB states). Click here to read about managing the same issues in non-CARB states.

You’ve Decided to Sell - Now What?

You are wise to wonder if a check engine light or a problem with your car’s emissions system will affect your ability to sell it.  Maybe you’ve gotten a smog check before and didn’t pass.  All is not lost!  Keep reading to learn a few different ways to solve this problem that lots of other folks have had in the past.

Getting your car to pass a smog check / emissions inspection

Repairing your car’s emissions system might be the easiest solution to your problem.  Lots of parts all over a car affect whether it will pass a smog check, including the battery, oil, coolant system, spark plugs, and fuel filter.  Think about what you know how or are willing to do yourself and start with the cheapest, simplest repair.  Sometimes getting a new gas cap or inflating the tires to the right pressure (listed on the side of the tires) will do the trick.  You might luck out and get the check engine light to go off with the first repair you try!

Your warranty may help you in a CARB state

Specific warranty rules apply to vehicles sold in California. Click here to see, for example, the CA-specific warranty coverage for repairing high-cost emissions-related parts. You may find that your warranty covers things that it otherwise wouldn’t because your state follows the CARB rules for smog and emissions. Keep in mind though that you should refer to your owners manual for specific warranty coverage, and that you might violate your warranty if you make your own repairs as we discussed in the paragraph above.

Smog / Emissions Testing and Car Sales in California

According to the smog inspection website of the California DMV, most car sales in California require a passing smog check / emissions test.  One big exception applies to cars fewer than four years old - they don’t need a smog inspection!  The new owner of the car just has to pay a smog transfer fee.

If your car is more than four years old, and has a problem with smog or the emissions system, you might still be able to sell it, if you disclose the problem to a willing buyer.  In this case, you should document in writing that the buyer is knowingly buying a car with a failing smog check.  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.  

California DMV’s release of liability form

Whenever you sell a car in California, regardless of its emissions system or smog output, you should fill out the release of liability form from the California DMV.  This form lets the California department of motor vehicles know that you are no longer responsible for parking/traffic violations or civil or criminal actions associated with the vehicle after the date of sale.  If you live in a state that follows the California emissions rules, google the name of your state and “release of liability form” to see if you should fill out a similar document. 

Dirt Legal might be your best route to the bottom line

By now, hopefully you understand:

• How California and CARB states have particularly stringent emissions / smog rules

• How to maybe resolve an emissions problem or check engine light on your own

• The specific California rules and documents that you need to legally sell your car, whether or not it will pass an emissions or smog check

You are probably thinking about how handy you are with repairs, how much time and energy you have to deal with your car’s emissions problem, and how likely you are to find a buyer who is willing to sign paperwork acknowledging that they are willing to buy a car that won’t pass a smog test.

But there’s another way!  Dirt Legal’s services might be 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.

All you do is follow our easy step-by-step instructions, fill out the documents we send you, and send them back to us in the paid return envelopes that we provide.  A little while later, you get new license plates and DMV documents in the mail, so that you can move forward with your sale without worrying about the emissions rules.  Make sure that you check local laws to make sure that it is ok for you to use our services.

You’d be one of many people that made a car sale easier thanks to Dirt Legal!