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FS: 1983 Toyota Corolla SR-5
#12
Registered User
there's two way you can sell a car without a smog check as a seller:
1)The car is less than 4 year old
2)Transferring of title within the family(father to son, etc)
you can sell it without the certification(listed on bill of sale or not) but the end of the day, the seller is responsible for passing smog in order to transfer title. In the unlikely event that a lawyer is involved, the seller is most likely to be held responsible.
straight from the horse's mouth:
http://dmv.ca.gov/vr/smogfaq.htm