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Re: [British-cars] 1967 MGB / smog on change of ownership question

To: Brian Kemp <bk13@earthlink.net>
Subject: Re: [British-cars] 1967 MGB / smog on change of ownership question
From: Paulo Ney de Souza <desouza@math.berkeley.edu>
Date: Sat, 07 Nov 2009 09:20:36 -0800
Brian Kemp wrote:
> ... I ended up selling it with the registration slightly expired 
> without smog, which the DMV rep said I could do if the seller was ok 
> with it.
>
> Brian

That is completely *incorrect* and NOT what the law says .. you just got 
away with it because the other party did not press anything and because 
most DMV employees barely know how to read and write .... let alone 
interpret law!

There are plenty of examples where someone buys a car like that and 
fixes it and come back in small-claims court to get you to pay every 
penny of it... and some judges agree!!! If you are attempting to make a 
sale of a car that is NOT exempt, without smogging it, you are opening 
yourself to unforeseen liabilities - which is EXACTLY what the law intended.

I know this is NOT the case of the original seller (whose car is 
exempt), I just want to clarify the text above.

Paulo Ney
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