I have a car that was in an accident and declared totaled. It currently does not run, but the damage is minimal. I want to sell the car to someone else for them to repair and re-register. The DMV says I cannot do this without a smog certificate. How do people do this?
oaklatom, thanks for the long answer, but how do people transfer title WITHOUT smoging the car. eg. donating to a charity, selling to a dealer to fixup, etc. There has to be a way…
If it was declared a total loss by the insurance company, they own the car unless you bought it back for salvage value. If you did that, you now have a salvage title on the car. You transfer the title by signing where it says ‘seller’ and getting your signature notarized if the state requires that. As the seller to a California resident, regardless of the condition of the car, you are responsible to supply them with a current smog inspection, which you get by having the car tested at the nearest smog testing station.
Requirements after selling a vehicle.
When selling a California registered vehicle, the registered owner of record must:
Release ownership by signing on line one of the title.
If the vehicle is, or was financed, the lienholder’s name appears in the legal owner section and their release with counter signature is required on line two.
Provide the purchaser with evidence of a valid smog certification, if applicable.
Smog certificates are good for 90 days from the date of inspection. The smog certification is not required if the owner or buyer signs a statement that smog certification was submitted with renewal fees within 90 days prior to the transfer date (a vehicle inspection report may be required for proof of certification).
Recent legislation changed the requirements for vehicle transfers occurring on or after January 1, 2005. When you transfer a vehicle that is four or less model years old a smog certification will not be required. A smog transfer fee will be collected from the new owner. When a vehicle is more than four model years old, evidence of a current smog certification must be provided by a seller except when the following occurs:
The transfer occurs between a spouse, domestic partner, sibling, child, parent, grandparent, or grandchild.
A biennial smog certification was submitted to DMV within 90 days prior to the vehicle transfer date (a vehicle inspection report may be required for proof of certification).
Provide the odometer mileage if the vehicle is less than 10 years old (Vehicle/Vessel Transfer and Reassignment Form, REG 262). If the title does not have a designated space for this information, a REG 262 reporting the odometer mileage must be signed by both the seller and buyer. The REG 262 cannot be copied. An original must be submitted. To obtain a form by mail, call DMV’s automated phone service 24 hours a day, 7 days a week at 1-800-777-0133. To speak to an operator call between the hours of 8 a.m. and 5 p.m. Monday – Friday, Pacific Standard Time, or pick one up from your local DMV.
Protect Your Liability. Complete a Notice of Transfer and Release of Liability. The seller is responsible for reporting the change of ownership to DMV within 5 days from the date of sale. After DMV updates the information from the Notice of Transfer and Release of Liability, you will be cleared from future liability on the vehicle. The purchaser is responsible for reporting the change of ownership to DMV within 10 days from the date of purchase.
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