Who Pays for the Smog Check on a Used Car in California?

In California, the seller pays for the smog check when a used car changes hands. Vehicle Code 24007 makes the seller responsible for giving the buyer a valid smog certificate, and a passing certificate is valid for 90 days. Selling the car "as is" doesn't change that, and neither does a buyer who says they'll take care of it later.

There are a few exceptions. Cars that are 4 or fewer model years old don't need a smog inspection at transfer; the buyer pays a smog transfer fee to the DMV instead. Transfers between certain close family members are exempt. Electric vehicles don't need smog checks at all. For everything else, if a private seller in Irvine, Anaheim or anywhere else in the state says "you handle smog," the law says otherwise.

What the seller's smog obligation actually covers

• A passing smog certificate from a licensed station, sent electronically to the DMV.
• Valid timing. The certificate has to be within its 90-day window when the car changes hands. A certificate from four months ago doesn't count.
• The cost of the inspection and any repairs needed to pass. If the car fails, getting it to pass is the seller's problem before the sale. See what to do if a car fails smog.

When no smog certificate is needed at transfer

Our California smog check exemptions guide goes deeper on each category, including the smog abatement fee that newer cars pay at renewal.

Can a buyer agree to pay for the smog check instead?

People do negotiate this in private sales, usually by lowering the price and having the buyer take the car to a station. It's risky for the buyer for one reason: if the car fails, you've already paid for a car that can't be registered until it's repaired. Repairs for some emissions problems can be expensive, and you'd have no leverage left.

If you're considering a car where the seller wants to skip the smog step, a safer approach is to make the purchase conditional on a passing smog check. Go to the station together, or agree that the sale happens only after a passing certificate is on file. Then sign the title.

What a smart buyer checks on the certificate

• Date. It's within 90 days of the sale.
• VIN. It matches the car, the title and the registration card.
• Pass result. Ask for the printed Vehicle Inspection Report so you can see it passed, not just that it was tested.
• The car's behavior since the test. A check engine light that comes on right after a smog test is worth asking about. Our article on check engine lights and readiness monitors explains why a recently cleared code can hide problems.

You can confirm smog history for a California vehicle using BAR's online tools at https://www.bar.ca.gov/.

Dealers vs. private sellers

The obligation is the same for both: the seller provides a valid certificate. With dealers, it's usually just part of the process. With private sellers, it's where most disagreements happen, often because the seller doesn't know the rule. Politely mentioning Vehicle Code 24007 usually settles it.

At Irvine Used Cars, every car is smog checked before sale, and you receive the smog certificate with the signed title and bill of sale. That means the cars on our Orange County inventory page, such as the 2015 Mercedes-Benz GL 350 BlueTEC 4MATIC diesel, come with the smog step done before you register.

Why this matters for your DMV timeline

Buyers have 10 days to report the change of ownership to the DMV. If you're waiting on a seller to get a smog certificate, that clock is ticking, and late penalties can apply. The simplest way to avoid that is to refuse to close the deal until the certificate is on file. For the full list of transfer steps, see the California DMV guide for used car buyers, and for the bigger picture on smog rules, start with the California smog check guide for used car buyers and sellers.

Frequently asked questions

Is the seller legally required to smog a car in California?

Yes. Under Vehicle Code 24007, the seller must give the buyer a valid smog certificate at the time of sale unless the car is exempt, for example a vehicle 4 or fewer model years old, an electric vehicle, or certain family transfers.

How long is a smog certificate good for when selling a car?

A passing smog certificate is valid for 90 days. If the sale happens after that window closes, the seller needs a new inspection.

Who pays the smog transfer fee on a newer car?

The buyer. For vehicles 4 or fewer model years old, no inspection is required at transfer, and the buyer pays a smog transfer fee to the DMV as part of the transfer instead.

What if I bought a car and the seller never gave me a smog certificate?

Contact the seller first; the requirement is theirs. If they won't cooperate, you may have to get the inspection yourself to register the car. Keep records of your costs and consider asking a consumer attorney or small claims court about recovering them.

Do I need a smog check if I'm buying from a relative?

Not at transfer if the relative is your spouse or domestic partner, sibling, parent, child, grandparent or grandchild, unless they bought it for you without titling it first. The car may still need a biennial smog check at its next registration renewal.

The bottom line on smog costs

Expect the seller to hand you a recent, passing certificate. Don't buy a car that can't pass yet. Call or text (516) 835-6141 to ask about any car we have listed.