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  1. #1
    BIG PaPa ray1970's Avatar
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    Default Selling a vehicle that won't pass emissions

    So, my son bought himself a new vehicle. Parking sucks around my house and he needs to sell his old one soon. Problem is I am fairly certain it won't pass emissions due to a check engine light and intermittent cylinder misfires.

    I know now there is some sort of rule/law that says the seller is responsible for the vehicle passing emissions or something like that.

    Will him him selling it be as simple as disclosing the problems and the fact that it won't pass emissions and stating something on a bill of sale to that effect and that the vehicle is being sold "as is" and the seller will not be held accountable for any issues with emissions?

    I have never sold something like this. Maybe one of you has an answer for me.

    Thanks.

    Oh, and if any of you would be interested, it is a 1998 (I think) Nissan Pathfinder with somewhere around 200,000 miles or so. I can get details from him if you want.

  2. #2
    The "Godfather" of COAR Great-Kazoo's Avatar
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    Sell as is, DOES NOT PASS EMISSIONS Disclaimer. Along with Selling as a parts truck
    You're selling a parts vehicle. Not advertising as runs good type scam. There's no law preventing you from selling as is PROVIDING the new owner has been informed it will not pass the smog test.

    There are at least 12 listed like this one.
    http://denver.craigslist.org/cto/4541343446.html

    WILL NOT PASS EMISSIONS WITHOUT FIXING CHECK ENGINE LIGHT. THEREFORE IT WILL BE SOLD AS TOW AWAY. IT WILL START RIGHT UP AND DRIVE AWAY NO PROBLEM
    Last edited by Great-Kazoo; 07-13-2014 at 18:00.
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  3. #3
    Iceman sniper7's Avatar
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    Yep, put it in the ad and put it on a bill of sale that the seller signs and dates so you have proof you disclosed the issue and the as-is sale.

    Also look into what the potential cost to fix the issue would be versus the amount you will take off the price of the vehicle selling it as is.
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  4. #4
    Grand Master Know It All newracer's Avatar
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    That's all fine and dandy but the buyer could still come back to you for it to pass emissions. The only way around it would be so sell it to someone in a none emissions county.

  5. #5
    Iceman sniper7's Avatar
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    Quote Originally Posted by newracer View Post
    That's all fine and dandy but the buyer could still come back to you for it to pass emissions. The only way around it would be so sell it to someone in a none emissions county.
    I have a very hard time believing that any small claims judge/magistrate is going to hold the seller responsible if he is holding a signed document that the buyer acknowledges it is sold as is and will not pass emissions without repair.
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    The "Godfather" of COAR Great-Kazoo's Avatar
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    Quote Originally Posted by sniper7 View Post
    I have a very hard time believing that any small claims judge/magistrate is going to hold the seller responsible if he is holding a signed document that the buyer acknowledges it is sold as is and will not pass emissions without repair.
    Especially when the B.O.S states the vehicle does not pass emissions and being sold as a parts car. Get it notarized. The parts of that Nissan, are worth more than the running unit. You'll take a loss for no emissions, depending how much you want to invest. Sure it could be an injector, $$XX later same issue, sell it as is.
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  7. #7
    BIG PaPa ray1970's Avatar
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    I'm fairly certain it needs an injector. Not a huge deal to repair. Maybe I'll fix it and he can pay me back when he sells it.

  8. #8
    BIG PaPa ray1970's Avatar
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    Heck, I might just scrap it like I did with his last car and the daughters last car. The salvage place will send a wrecker to my house, pick it up, and pay cash.

  9. #9
    The "Godfather" of COAR Great-Kazoo's Avatar
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    Quote Originally Posted by ray1970 View Post
    Heck, I might just scrap it like I did with his last car and the daughters last car. The salvage place will send a wrecker to my house, pick it up, and pay cash.
    Price it compared to the scrappers running ad's.
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  10. #10
    Iceman sniper7's Avatar
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    How much does he want for it
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