Change of Ownership Smog Check
Selling a car in California usually means handing over a valid smog certificate. Here is who owes it, how recent it has to be, and when nobody owes anything at all.
A smog check is required when a vehicle changes ownership in California. The part people argue about is who is supposed to pay for it, and the law is not actually ambiguous.
The Seller Provides the Certificate
California Vehicle Code section 24007(b) puts it on the seller. The seller provides the buyer with a valid certificate of compliance. It is not a negotiating point in the way people treat it, although plenty of private sales end up splitting it anyway.
There is also a smog transfer fee that goes to the DMV to transfer the title. That is separate from the cost of the test and it is not something a station charges you.
How Recent the Test Has to Be
- Private sale: the vehicle needs to have passed a smog check within the last 90 days.
- Bought from a dealer: the vehicle needs to have passed within the past two years.
That 90 day window is the one that trips up private sellers. If the car passed four months ago, that certificate will not carry the sale. Get it tested again before you list it rather than after you have a buyer waiting.
When No Smog Check Is Needed
Two exemptions do real work here:
- Vehicles four model years and newer do not require a smog check for a change of ownership. A smog transfer fee is still due to the DMV.
- Transfers between immediate family members do not require a smog check at all.
So handing a car down to your son or your sister is not a smog situation. Selling that same car to a stranger is.
Sell the Car Faster With the Certificate Already in Hand
A private buyer looking at two similar cars will take the one that already has a current smog certificate, because it removes a job from their list and it quietly says the car is not hiding anything. Twenty minutes here before you list it is worth more than the same twenty minutes after a buyer has started asking questions.
What to Bring
- The vehicle and the keys
- Your registration, so we have the details right
- Your coupon, printed or on your phone
Your certificate goes to the DMV electronically and is valid for 90 days. Call 925-246-9330 and we will usually get you in the same day.
Change of Ownership Smog Check Questions
Who pays for the smog check when a car is sold in California?
California Vehicle Code section 24007(b) puts it on the seller, who provides the buyer with a valid certificate of compliance. There is also a separate smog transfer fee due to the DMV to transfer the title.
How recent does the smog check have to be for a sale?
In a private sale the vehicle must have passed a smog check within the last 90 days. A vehicle bought from a dealer must have passed within the past two years.
Do I need a smog check to give a car to a family member?
No. Transferring a vehicle between immediate family members does not require a smog check.
Are any vehicles exempt from the transfer smog check?
Yes. Vehicles four model years and newer do not require a smog check for a change of ownership, though a smog transfer fee is still due to the DMV. Transfers between immediate family members are also exempt.